Lalu Yadav @ Lallu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34725 of 2022 Arising Out of PS. Case No.-36 Year-2019 Thana- CHANDRADIP District- Jamui ====================================================== Lalu Yadav @ Lallu Yadav (M), aged about 22 years, S/o Karu Yadav @ Sideshwar Yadav R/o village- Bara Solahpur, P.S.- Chandradeep, DistrictJamui ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rajnish Kumar, Adv.
For the Opposite State :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Chandradeep PS Case No. 36 of 2019, instituted for the offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added. For more than two and half years, the petitioner has remained in custody since his arrest on 17-12-2019. It is specifically stated that he is having no criminal antecedents. His
Patna High Court CR. MISC. No.34725 of 2022(3) dt.17-08-2022 2/3 earlier prayer for bail was rejected on 02-02-2021 in Cr. Misc. No. 37267 of 2020. Thereafter, the petitioner withdrew his second bail application bearing Cr. Misc. No. 66314 of 2021 on 22.12.2021 to renew his prayer for bail before the learned Trial Court vide Annexure-1series to the bail petition. Having renewed his prayer before the learned Trial Court, the present application has been filed.
Earlier, this Court had requisitioned the report from the learned Trial Court. Pursuant to which, report dated 14-07-2022 has been received, which is clear in stating that not a single witness has been produced by the prosecution till 20-07-2022. Having regard to the clean antecedent, and period of custody as also the fact that there is virtually no progress at the trial, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- IIIrd, Jamui in connection with Chandradeep P. S. Case No. 36 of 2019, subject to the following conditions:-
Patna High Court CR. MISC. No.34725 of 2022(3) dt.17-08-2022 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T