Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38020 of 2020 Arising Out of PS. Case No.-95 Year-2020 Thana- LAKHNAUR District- Madhubani ====================================================== LALAN YADAV, Son of Late BACCHELAL YADAV Resudent of Village - Kasiyam, P.S.- Lakhanaur, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Shubham For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2021 Heard Ms. Kumari Shubham, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Lakhnaur P. S. Case No. 95 of 2020, dated 04.05.2020, instituted for the offences under Sections 341, 323, 324, 326, 307, 379, 354 (A), 504 and 34 of the Indian Penal Code.

The accusation in the F.I.R. is of the petitioner assaulting the informant on his head repeatedly. When her mother came for his rescue, she was also assaulted by another accused person.

Patna High Court CR. MISC. No.38020 of 2020(2) dt.15-04-2021 2/3 The learned counsel for the petitioner has submitted that in fact the subject F.I.R. is a counter blast to the case lodged by the petitioner himself against the informant of this case vide Lakhanaur P. S. Case No. 88 of 2020.

The petitioner has received injuries in the occurrence and the injury received by the informant of this case has been opined to the simple in nature. Apart from this, it has been submitted that there is an inordinate delay in lodging of the subject F.I.R. The occurrence is said to have taken place on 26.04.2020 but the F.I.R. was lodged on 04.05.2020. Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.38020 of 2020(2) dt.15-04-2021 3/3 the satisfaction of the learned A.C.J.M. I, District - Madhubani, in connection with Lakhnaur P. S. Case No. 95 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T