Lalo Yadav @ Lalan Prasad @ Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50676 of 2023 Arising Out of PS. Case No.-94 Year-2013 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Lalo Yadav @ Lalan Prasad @ Lalan Yadav, S/O Late Jamuna Yadav R/O Village- Bhaluiya Tand, Ps. Muffasil, Dist. Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323 and 307 of the Indian Penal Code and later on, Section 302 of the I.P.C. was also added.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and he came to be implicated in the instant F.I.R. at the instance of the informant with general and omnibus allegation. It is also submitted that no doubt, when the injured died Section 302 of the I.P.C. was added. It is next submitted that police after threadbare investigation submitted final form exonerating the

Patna High Court CR. MISC. No.50676 of 2023(4) dt.13-02-2024 2/2 petitioner of the allegation as alleged in the F.I.R., but the learned Magistrate differing with the final form submitted by the police, took cognizance. It is next submitted that when one investigating agency after threadbare investigation came to a considered conclusion that petitioner is innocent whether it would be prudent to send the petitioner to judicial custody.

4. Learned A.P.P. opposes the bail application.

5. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIIth, Nawada in connection with Muffasil P. S. Case No.94 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T