Lalu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 55323 of 2017 Arising Out of PS.Case No. -885 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Lalu Kumar Yadav S/o Yogendra Prasad Yadav R/O Mohalla- Kuvar Tola, Ward No.-18, P.S. & Distt.- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Bidhan Chandra Jha, Advocate For the Opposite Party/s : Mr Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2017 Heard counsel for the petitioner and the State. The petitioner is accused in Saharsa Police Station Case No 885 of 2017 dated 29.08.2017 registered for the offence punishable under Sections 363 and 365 of Indian Penal Code. Counsel for the petitioner submits that the petitioner is alleged to be an accomplice to kidnapping of the minor daughter of the informant. From her statement recorded under Section 164 of Criminal Procedure Code, counsel for the petitioner points out that it is the statement of the victim that the petitioner had alighted from the train at some distance and that she was continuing with other two persons. There is no other specific allegation made against the petitioner. He was only present for some time in the train. The petitioner has some criminal antecedents which have

Patna High Court Cr.Misc. No.55323 of 2017 (3) dt.13-12-2017 2/3 been mentioned in paragraph 3 of the bail application but in all the said cases, he is on bail. He is in custody in this case since 15.09.2017. Petitioner also draws attention of the Court towards order dated 17.11.2017 passed by this Court in Cr Misc No 54982 of 2017 whereby co-accused Shivam Kumar has been granted bail by this Court.

Having regard to the submissions made on behalf of the petitioner, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Saharsa Police Station Case No 885 of 2017 subject to the following conditions:

(1) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(2) The petitioner will not induce any witness or tamper with the evidence.

(3) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any

Patna High Court Cr.Misc. No.55323 of 2017 (3) dt.13-12-2017 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail.

(Madhuresh Prasad, J) M.E.H./- U T