Lalit Kumar Yadav @ Lalit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53489 of 2024 Arising Out of PS. Case No.-277 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Lalit Kumar Yadav @ Lalit Yadav Son Of Late Naseeb Lal Yadav Resident Of Village - Mahathour-Khurd, P.S. - Phulparas, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Phulparas P.S. Case no. 277 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 354(B), 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, it is alleged that due to previous land dispute, all the named accused persons including the petitioner started constructing house in the disputed land and when the informant protested, the accused persons assaulted her. The accused persons also made indiscriminate firing at the time of occurrence.

Patna High Court CR. MISC. No.53489 of 2024(2) dt.02-08-2024 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. No any specific allegation has been levelled against the petitioner. It is further submitted from para-14 of this petition that in the vide F.I.R (Annexure-2) husband of the informant namely Sudhir Yadav fired gun shot to the daughter and nephew of co-accused Mahendra Yadav as a result, nephew of the co-accused has been died and his daughter has been injured. Other co-accused person has already been granted regular bail by this Court vide order dated 31.01.2024 in Cr. Misc. No.

2362 of 2024. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Phulparas P.S. Case no. 277 of 2022, he will be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.53489 of 2024(2) dt.02-08-2024 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) shubham/- U T