Lakshman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66860 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- PANDARAK District- Patna ====================================================== LAKSHMAN YADAV S/o Late Sidheshwar Yadav R/o Village - Manjhla Bigha, P.S. - Pandarak, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341 and 302 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 10.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that on 15.02.2020 at about 5:20 pm, she was going to her house along with Vijay Yadav, Tuntun Kumar, Ranjit Kumar, Krishnandan Yadav, Niru Devi and Munna Kumar, in the meantime, Viru Yadav, Anil Yadav, Mrityunjay Yadav, Rajesh Rai, Sanjit Mahto, Ranjit Mahto, Ramesh Mahto, Suresh Mahto and Laxman Yadav (petitioner) arrived on three motorcycles and

Patna High Court CR. MISC. No.66860 of 2021(2) dt.27-04-2022 2/2 surrounded them near Laxmi Temple. It is next alleged that they were armed with pistol and started indiscriminate firing causing firearm injury on the head of her husband who died at the spot. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, the allegation of firing is general and omnibus in nature and similarly situated co-accused Anil Yadav has been granted bail by order dated 24.08.2021 passed in Cr. Misc. No. 33193 of 2020. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 10.08.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and allegation of firing is general and omnibus in nature, 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 the learned court below where the case is pending/successor court in connection with Pandarak P.S. Case No. 20 of 2020.

(Satyavrat Verma, J) Rishi/- U T