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Patna High CourtCR. MISC./56659/2024allowed

Lal Yadav @ Lalwa v. The State Of Bihar

2024-08-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56659 of 2024 Arising Out of PS. Case No.-225 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Lal Yadav @ Lalwa Son Of Damodar Yadav @ Damodar Singh Yadav Resident Of Village - Dhamdaha Uttar, Bhitta Tola, Police Station - Dhamdaha, District - Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajnish Kumar Singh Rajnish Kumar Singh For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the deceased.

4. By order dated 19.04.2024 passed in Cr. Misc. No. 81299 of 2023, the bail of the petitioner was rejected by this Court with a liberty to the petitioner to renew his prayer for bail after framing of charges.

5. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.56659 of 2024(2) dt.14-08-2024 2/2 general and omnibus in nature. He submits that charges have already been framed against the petitioner on 19.06.2024. The petitioner has no criminal antecedent and has been languishing in custody since 10.07.2023.

6. Learned APP for the State opposed the bail petition.

7. Considering the facts aforesaid and the custody of the petitioner and the custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gwalpara (Arar O.P.) P.S. Case No. 225 of 2022.

8. However, the petitioner is directed to co-operate in the trial. If the petitioner will not appear on two consecutive dates, then the learned Court below shall be at liberty to cancel the bail bond of the petitioner.

(Anjani Kumar Sharan, J) anand/- U T