Lalu Yadav @ Lallu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37267 of 2020 Arising Out of PS. Case No.-36 Year-2019 Thana- CHANDRADIP District- Jamui ====================================================== Lalu Yadav @ Lallu Yadav son of Karu Yadav Resident of Village- Bara Solahpur, P.S. Chandradeep, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Pd. Keshri, Adv.
For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Chandradeep P. S. Case No. 36 of 2019 instituted for the offence under Section(s) 341,323,307 and 504/34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added. On 15.03.2019, it is alleged that the petitioner by iron rod assaulted one Rajesh Kumar Yadav.
The counsel for the petitioner submit that it is a case of false implication. The FIR is belated. As per prosecution case primary treatment was given to the victim at Aliganj, thereafter at Nawada and still no prosecution was launched. The belated lodging of the case is only with the motive of implicating the petitioner. Petitioner is in custody since 17.12.2019 The learned APP opposed the prayer for bail. Referring to the order of rejection passed by the Sessions Judge, Jamui, it is submitted that the witnesses have supported the allegations during the course of investigation. The medical report
Patna High Court CR. MISC. No.37267 of 2020(2) dt.02-02-2021 2/2 corroborates the allegation of assault by iron rod on head of the victim. The specific allegation of assault is against the petitioner.
The petitioner, in the circumstances, does not deserve to be enlarged on bail at the moment. Considering the rival submissions, this Court, for the present is not inclined to extend the privilege of bail to the petitioner. Prayer for bail is rejected.
(Madhuresh Prasad, J) shyambihari/- U T