Lalu Kumar @ Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41384 of 2024 Arising Out of PS. Case No.-373 Year-2022 Thana- RAMPUR District- Gaya ====================================================== Lalu Kumar @ Lalu Yadav S/o Kamleshwar Yadav @ Kauleshwar Yadav R/o Pranpur, P.S.-Amas, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-07-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Rampur P.S. Case No. 373/ 2022 dated 21.07.2022 registered for the offence(s) punishable under Section(s) 413, 414 read with 34 of the Indian Penal Code.

3. Mr. Md. Javed Jafar Khan, learned counsel for the petitioner submits that petitioner was not apprehended at the spot, one co-accused, namely, Bharat Kumar is said to have been apprehended at the spot with a motor cycle, a lock breaking device and one mobile phone and the said materials were suspected to be stolen articles, who disclosed the name of this petitioner as being involved in the receipt of stolen properties but except this, there is no material against this petitioner. It is further submitted that the said co-accused, Bharat Kumar, has been granted bail by this court vide order dated 20.03.2023 passed in Cr. Misc. No. 61836/ 2022, though, against the petitioner there are criminal antecedents of four cases but he is on bail in all the said cases. It is further submitted that investigation against the petitioner has been

Patna High Court CR. MISC. No.41384 of 2024(2) dt.20-07-2024 2/2 completed but charges have not been framed against him despite a direction to expedite the trial of the petitioner having been given by the Sessions Judge, Gaya, vide order dated 29.04.2024 passed in B.P. No. 670/ 2024 preferred by the petitioner under section 439 of the Cr. P. C.

4. Mr. Uma Shanker Prasad Singh, learned APP appearing for the State opposes the bail prayer of the petitioner.

5. Considering the above submissions and mainly the facts that petitioner was not apprehended at the spot and his name surfaced in the statement of apprehended co-accused, Bharat Kumar, who is on bail and as per above submission the investigation has been completed against this petitioner and thereafter there is no progress in his trial, in my opinion, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail in connection with Rampur P.S. Case No. 373 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T