Lalan Yadav @ Lalo Yadav @ Lala Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16373 of 2016 Arising Out of PS.Case No. -16 Year- 2013 Thana -JHAJHA District- JAMUI ======================================================
1. Lalan Yadav @ Lalo Yadav @ Lala Yadav Son of Geno Yadav Resident of Village -Dhamana, P.S.- Jhajha, District - Jamui .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under sections 25(1-b)A, 26 and 35 of the Arms Act, 121/121A of the Indian Penal Code and Section 16/17 of the UAP Act.
One D.B.B.L. gun and three cartridges are said to have been recovered from the Bathan of the petitioner for which petitioner is in jail since 19.11.2015. The petitioner carries criminal antecedent of altogether five cases. Submission on behalf of the petitioner is that the alleged recovery is said to have been made from Bathan of the petitioner in his absence. As a matter of fact, nothing was
Patna High Court Cr.Misc. No.16373 of 2016 (2) dt.22-04-2016 recovered from the Bathan of the petitioner and the petitioner has been implicated in this case at the behest of his enemies. It further appears that the petitioner has already been acquitted in three cases and in one case he has been granted the privilege of bail whereas in the 5th case he has not been remanded. Moreover, having more or less similarly allegation co-accused Damodar Yadav has been granted bail by a coordinate Bench of this Court by order dated 22.05.2014 vide Criminal Misc. No. 14582 of 2014. Considering the aforesaid facts and circumstances of the case and submissions of the parties as well as period of detention of the petitioner in custody, the petitioner above named is directed to 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 Sessions Judge, Jamui in connection with U.A.P. case No. 28 of 2015 arising out of Jhajha P.S. Case No. 16 of 2013.
(Hemant Kumar Srivastava, J) Amin/- U