Laldeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34379 of 2022 Arising Out of PS. Case No.-381 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== LALDEO YADAV Son of Late Bhagirath Yadav Resident of Village Krra, P.S.- Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 307, 506 of the IPC, 27 of the Arms Act and 3⁄4 of Explosive Act. Allegedly, ten accused persons came at the house of informant in the night and thrown two bombs on the house of informant and they fired when nephew and son of informant raised alarm. Thereafter, the villagers came there and accused fled away.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent. No such occurrence, in the manner as alleged, has ever taken place. There is no specific allegation against the petitioner. The allegation against all the accused

Patna High Court CR. MISC. No.34379 of 2022(3) dt.10-11-2022 2/2 persons is that they are involved in explosion of two bombs but it is not clear that who has thrown the bombs. It is further alleged that the occurrence took place on 29.11.2021 but the F.I.R. was lodged on 31.11.2021 i.e. after delay of two days. No plausible explanation for such delay has been given which creates serious doubt about the prosecution case. No one has sustained any fire arm injury not any evidence has been found on the spot of explosion of bomb.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Laxmipur P.S. Case No.381/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T