Laltu Yadav @ Laltoo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54857 of 2023 Arising Out of PS. Case No.-127 Year-2022 Thana- SHANKARPUR District- Madhepura ====================================================== 1.
LALTU YADAV @ LALTOO YADAV, Male, aged about 32 years, S/O SURENDRA YADAV 2.
PRAMOD YADAV, Male, aged about 35 years, S/O NARAYAN YADAV Both R/O VILLAGE- KOLHUA TOLA RAIBHIR WARD NO. 11 PS. SHANKARPUR, DIST. MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023
1. Heard learned counsel for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Shankarpur P.S. Case No. 127/2022 dated 15.07.2022 registered for the offence(s) punishable under Section(s) 341, 324, 307, 354(A), 379, 504, 506/34 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioners are that altogether six persons including the petitioners have been named in the FIR, the main allegation of causing injuries to the informant's husband by means of Farsa and Dabia is against the co-accused persons,
Patna High Court CR. MISC. No.54857 of 2023(2) dt.23-08-2023 2/3 Ramesh Yadav and Amlesh Yadav but against the petitioners there is no specific allegation and they are simply alleged to be present with co-accused persons at the place of occurrence. It is further submitted that similarly situated co-accused Rabindra Yadav @ Ruben Yadav has been granted anticipatory bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.8223 of 2023 and one another similarly situated co-accused Pawan Yadav has been granted anticipatory bail by the court below itself and the petitioners' case is completely identical to the said co-accused persons. It is further submitted that against each of the petitioners there is criminal antecedent of one case in which they are on bail.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the facts that against the petitioners, there is no specific allegation in the FIR and the main allegation of causing injuries to the informant's husband is against two co-accused persons, mentioned-above, and similarly situated two co-accused persons, mentioned-above, have already been granted anticipatory bail, in my opinion, in the said circumstances, petitioners deserve to the privilege of anticipatory bail.
Patna High Court CR. MISC. No.54857 of 2023(2) dt.23-08-2023 3/3 Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Shankarpur P.S. Case No. 127/2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) Sanjay/- U T