Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50724 of 2018 Arising Out of PS.Case No. -218 Year- 2017 Thana -MANSI District- KHAGARIA ====================================================== Lalan Yadav son of Late Bhopal Yadav resident of Village- Chukti P.S. Mansi District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Adv. For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Mansi P.S. Case No. 218/2017, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and section 27 of the Arms Act.

Allegation against the petitioner and other co-accused is that they came at Darwaja of informant armed with various weapons and started abusing them. On protest, they opened fire causing fire-arm injury on the person of brother of informant. The injured succumbed to the injury.

It has been submitted that petitioner has falsely been implicated in this case. There is omnibus and general allegation against all the accused persons. There is single fire-arm injury on the person of the deceased. The other co-accused have been

granted bail vide order dated 05.09.2018 passed in Cr. Misc. No. 48652/2018 and dated 26.04.2018 passed in Cr. Misc. No. 18777/2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Khagaria in connection with Mansi P.S. Case No. 218/2017, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned and one of the Bailors should be father/mother/wife/own brother.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T