Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57595 of 2022 Arising Out of PS. Case No.-371 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Lalan Yadav Son of Rameshwar Yadav Resident of Village - Bari Ballia, P.S.- Ballia, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

As per prosecution story, in brief, is that the accused persons including the petitioner assaulted the husband of the informant with iron rod causing injury to him and when his son came there then they also assaulted him with fists and slaps. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that there is no allegation of any assault or overt act against the petitioner and there is allegation that the

Patna High Court CR. MISC. No.57595 of 2022(2) dt.09-02-2023 2/3 petitioner is the order giver. He further submits that co-accused persons namely Meena Devi, Santosh Yadav, Dilkhush Yadav and Ugan Yadav have been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 02.01.2023 in Cr. Misc. No. 57218 of 2022 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 10.04.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond 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 Ballia P.S. Case No. 371 of 2021, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall

Patna High Court CR. MISC. No.57595 of 2022(2) dt.09-02-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T