Laloo Yadav @ Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42776 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Laloo Yadav @ Lalu Yadav, Son Of Baban Singh R/O Village- Ekouni, P.S.- Dumraon, District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Nirbhay Prashant For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 The learned counsel for the petitioner is permitted to make rectification in Para-3 of the bail application. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Buxar (I) P. S. Case No.45 of 2021, instituted for the offences under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 24.03.2021, charge-sheet has been submitted in this case and has antecedent of one case, but inadvertently at Para-3, it has been recorded that petitioner is a person with clean antecedent..

The learned counsel for the petitioner further submits

Patna High Court CR. MISC. No.42776 of 2021(4) dt.22-03-2022 2/3 that the informant alleges that he along with Rahul Yadav (victim) were intercepted by three unknown criminals. Further the criminals after satisfying the identity of Rahul Yadav fired at him causing injury on various parts of his body. Thereafter, the accused fled from the place of occurrence. It is further alleged that the informant claimed that he will recognize the accused after seeing them.

The learned counsel for the petitioner submits that the F.I.R. was against unknown. It is further submitted that it is not in dispute that petitioner and Rahul Yadav are relatives. It is further submitted that the informant in the F.I.R. has stated that he can recognize the accused persons after seeing them, but the informant in the F.I.R. does not allege anything against the petitioner. Even Rahul, whose statement was recorded at Para67 of the case diary also does not name the petitioner. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.42776 of 2021(4) dt.22-03-2022 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (I) P. S. Case No.45 of 2021, subject to condition that one of the bailors shall be the father of the petitioner namely, Baban Singh. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T