Lillu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8800 of 2018 Arising Out of PS.Case No. -321 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Lillu Yadav, S/o Late Dipak Yadav @ Deepak Gope, R/o Mohalla- Kajipur, P.S. District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 17-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pirbahore P.S. Case No.321 of 2017 registered under Sections 147, 149 and 302 of the Indian Penal Code.

The accusation is that dispute with regard to parking of the scooty arose in between Bablu Kumar, the son of the informant, and other tenants and landlord, in which 10 persons, named in the F.I.R., including the petitioner took the son of the informant and caused assault him resulting into his death.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the informant used to reside on rent at the house of Lallu Yadav in whose house, other persons also

Patna High Court Cr.Misc. No.8800 of 2018 (2) dt.17-02-2018 2/2 used to reside on rent. The petitioner, who is brother-in-law of Manoj Kumar Yadav, the son of Lallu Yadav, has falsely been implicated in this case without any allegation. Further submission is that in the postmortem examination of the deceased, no external or internal injury was found on his person. Similarly situated co-accused Manoj Yadav alias Manoj Kumar Yadav alias Manoj Kumar, brother-in-law of the petitioner, has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 07.11.2017 passed in Criminal Misc. No.52740 of 2017.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by them him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Pirbahore P.S. Case No.321 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T