Lala Yadav @ Braj Lala Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48269 of 2022 Arising Out of PS. Case No.-250 Year-2017 Thana- DHANARUA District- Patna ====================================================== LALA YADAV @ BRAJ LALA PRASAD S/o Late Ram Devan Prasad R/o village - Pakartar (Nawasi Chak), P.S. - Dhanarua, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Naresh Ray, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307 and 308 of the Indian Penal Code, Sections 25(I-b)a, 26, 27 and 35 of the Arms Act as well as Sections 3 and 4 of the Explosive Substance Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is alleged to have thrown bomb causing injury to the informant and his son. It is further submitted that petitioner has been falsely implicated in the present case on account of dispute relating to land. It is next submitted that by order dated 07.12.2022 case diary along with the injury report was called for. Thereafter, the case was again taken up on 12.01.2023 wherein it is recorded that the
Patna High Court CR. MISC. No.48269 of 2022(5) dt.01-03-2024 2/3 case diary and the injury report has not been received as such express reminder was sent. The case again was taken up on 02.02.2023 wherein it was recorded that the office has reported that the injury report of the injured has not been sent by the learned court below.
4. Today, when the matter is taken up, learned counsel for the petitioner submits that the report of the learned S.D.J.M., Masaurhi has been received contained in Letter No. 77, dated 06.04.2023 and from perusal of the same, it would manifest that the same records that there is no injury report available on the above mentioned record.
5. Learned counsel for the petitioner thus submits that this amply demonstrates that the petitioner came to be implicated on a frivolous allegation.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.48269 of 2022(5) dt.01-03-2024 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhanarua P.S. Case No. 250 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T