Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28907 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Lalu Yadav S/o Upendra Yadav R/o village- Sondipi Diyara, P.S.- Balia, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rai Mukesh Sharma For the informant :

Mr.Mahendra Pratap For the State : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 364, 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in brief is that while the informant's husband had to go for agriculture work in Parmanandpur Diyara, the accused persons conspired each other and kidnapped him and, thereafter, the informant's husband was shot dead. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-01-2019. Charge sheet has already been submitted. The name of the petitioner has surfaced

Patna High Court CR. MISC. No.28907 of 2019(4) dt.17-08-2019 2/2 in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence. It is further subgmitted that the petitioner will cooperate during trial. The other co-accused with similar allegation have been granted bail vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 75 of 2018.

(Sudhir Singh, J) A.K.V.//- U T