Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64482 of 2021 Arising Out of PS. Case No.-325 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== Lalu Yadav Son Of Late Moti Resident Of Village - Bhaygoan, P.S. - Goradih, District - Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shyam Kishor Das For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 307/ 34 of the Indian Penal Code and Section 3/4 of the Explosive Substances Act. The learned counsel for the petitioner submits that the petitioner is in custody since 01.05.2021, charge-sheet has been submitted in this case and has antecedent of three cases. The learned counsel for the petitioner further submits that the informant alleges that when he reached at Fifna garden on his tempo. Suddenly, he was surrounded by the petitioner, Santosh Paswan, Kapil Yadav and one unknown accused. Further the accused persons threw bomb which exploded on the road and hit the tempo, but the informant was saved. It is further

Patna High Court CR. MISC. No.64482 of 2021(2) dt.31-03-2022 2/3 alleged that the accused persons earlier had assaulted his wife with an intention to kill for which a case is pending. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is submitted that the informant in the F.I.R. alleges that though bomb exploded, but he was save, as such, it is submitted that if the petitioner had any intention to commit the occurrence, then definitely, they would have thrown the bomb on the informant. It is submitted that since a case from before is pending as it has been alleged in the F.I.R., as such, the petitioner has been implicated falsely with general and omnibus allegation as the F.I.R. does not disclose, who threw the bomb when the informant knowing the accused from before.

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

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and taking into consideration the submission made by the learned counsel for the petitioner, the petitioner, above-named, 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 learned Court below where the case is pending in connection with Sabour (Goradih) P. S.

Patna High Court CR. MISC. No.64482 of 2021(2) dt.31-03-2022 3/3 Case No.325 of 2018, subject to condition that one of the bailors shall be the cousin sister of the petitioner namely, Niva Devi. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T