Lalu Kumar @ Lalu Yadav @ Lalu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47405 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- NAKARDEI District- East Champaran ====================================================== Lalu Kumar @ Lalu Yadav @ Lalu Kumar Yadav S/o Nandu Yadav R/o VillBhawanipur Bazar, P.S.- Nakadai, District- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in connection with Nakardai P.S. Case No. 53 of 2025 registered for the alleged offences under Sections 25(a), 25(1-B)a, 26 and 35 of the Arms Act.
03. As per prosecution case, police received information about co-accused Abhishek Kumar along with two other persons going to his house on a motorcycle and carrying country made katta and knife. During checking of vehicles, the said motorcycle was stopped and two persons fled away leaving behind the motorcycle but co-accused Abhishek Kumar was apprehended. From search of the co-accused, recovery of a country made katta, a mobile phone, one live cartridge and a
Patna High Court CR. MISC. No.47405 of 2025(2) dt.30-07-2025 2/3 dagger was made. The apprehended co-accused disclosed the name of the petitioner who fled away from the spot along with other co-accused.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person of possession of this petitioner. The petitioner has no concern with any gang of criminals, At the instance of co-accused, the petitioner has been apprehended. The petitioner is having antecedent of three cases and he is on bail in that cases. The petitioner is in custody since 19.04.2025 and charge-sheet has been submitted.
05. Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner is having antecedent of three cases of similar nature.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of cogent material against the petitioner and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.47405 of 2025(2) dt.30-07-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul at Motihari/court concerned in connection with Nakardai P.S. Case No. 53 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Ashish/- U T