Laltu Yadav @ Lalata @ Lalata Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53310 of 2021 Arising Out of PS. Case No.-65 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Laltu Yadav @ Lalata @ Lalata Yadav, S/O- Late Rajo Yadav, Resident of Village- Shishawa, P.S.- Gogri, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 29-04-2022 The applicant/accused in Crime No. 65 of 2021 registered with Gogri Police Station for the offences punishable under Sections 25(1-b)a, 26(ii), 27 and 35 of the Arms Act as well as Section 37(C) of the Bihar Prohibition and Excise act, by this application is seeking his release on bail during pendency of the trial.

Heard both sides.

According to the prosecution case, the present applicant and the co-accused were quarreling with each other and thereafter they indulged in firing bullets when they saw approaching police. They were apprehended by the police as well as villagers. The applicant was found to be in possession of two country made firearms and two live bullets apart from one empty cartridge. That is how the applicant is being the

Patna High Court CR. MISC. No.53310 of 2021(3) dt.29-04-2022 2/3 bars from February 2021. The applicant has three criminal antecedents.

Considering the fact that the applicant is behind bars for the period of more than one years, his further pretrial detention is not warranted and care of his criminal antecedent can be taken by imposing stringent conditions. Therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 65 of 2021 registered with Gogri Police Station be released on bail on executing P.R. bond of Rs.40,000/- (Rupees Forty Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial.

Patna High Court CR. MISC. No.53310 of 2021(3) dt.29-04-2022 3/3 (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

(V) The applicant should attend the concerned police station on every first Sunday in between 10 A.M. to 1 P.M. till disposal of the trail and breach of this condition shall empower the concerned trial court to take the applicant in custody.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused.

(A. M. Badar, J) Bhardwaj/- U T