Lalan Yadav @ Lalan Singh @ Lalan Singh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34622 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== 1.
Lalan Yadav @ Lalan Singh @ Lalan Singh Yadav S/O- Late Muni Lal Yadav Village- Mahuaw, Tulsikedera Po- Mahuaw Ps- Bhiya Dist- Bhojpur 2.
Santosh Yadav son of Late Uma Shankar Yadav Village- Mahuaw, Tulsikedera Po- Mahuaw Ps- Bhiya Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in connection with Bihiya P.S. Case No. 21 of 2023 dated 25.01.2023 instituted for the offence punishable under Sections 147, 148, 341, 323, 307 of the Indian Penal Code & 27 Arms Act.
3. The prosecution case, in short, is that on 25.01.2023 at about 12.00 noon, the petitioners along with other co-accused persons armed with lathi and guns came to the house of the informant and started abusing and destroying plants. On protest by informant, they threatened to kill him on which informant entered his house and closed the door. Thereafter
Patna High Court CR. MISC. No.34622 of 2023(2) dt.24-06-2023 2/3 accused persons started pelting stones, and thereafter the accused persons climbed on the terrace and started firing which caused injuries to two sons of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Learned counsel for the petitioner submits that F.I.R. has been lodged against eight persons. Learned counsel for the petitioner submits that due to land dispute, this case has been lodged. Learned counsel for the petitioner submits that a counter case lodged by the petitioners side against the informant. Learned counsel for the petitioners submits that both sides got injured. Lastly, it has been submitted that the petitioners are in custody since 26.01.2023 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.34622 of 2023(2) dt.24-06-2023 3/3 amount each to the satisfaction of the learned A.C.J.M. V, Bhojpur at Ara in Bihiya P.S. Case No. 21 of 2023. (Khatim Reza, J) premchand/- U