Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39050 of 2015 Arising Out of PS.Case No. -271 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== Lalu Yadav S/o Biplav Yadav Resident of Bind Tola Maranga, Ward No. 9, P.S. K. Hat (Maranga), District Purnia.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.42022 of 2015 Arising Out of PS.Case No. -271 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== RANJAN SINGH @ RAJAN KUMAR SINGH Son of Dadan Singh @ Dadan Kishor Singh R/o Ramnagar (Near Shiv Mandir) P.s. Maranga, District Purnea .... .... Petitioner

Versus

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

(In Cr.Misc. No.39050 of 2015) For the Petitioner : Mr. Kumar Praveen, Advocate For the Opposite Party : Mr. Anil Pd. Singh, App (In Cr.Misc. No.42022 of 2015) For the Petitioner : Mr. N.K.Agrawal, Sr. Advocate. For the Opposite Party : Mr. Murlidhar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2015 Heard the counsel for the petitioners and counsel for the State.

The petitioners are languishing in jail since 27.06.2015 and 27.04.2015 respectively in a case instituted under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the

Arms Act.

As per the prosecution case is that while the informant along with his brother Chandra Prakash @ Chintu was selling cloths in their cloth shop on 24.04.2015 at about 10.30 A.M., accused persons armed with pistols came to the shop and taken his brother Chandra Prakash out of the shop and accused Chhotu Yadav alias Dhananjay fired from his pistol upon his brother Chandra Prakash and after taking his brother to some distance all the other accused fired upon him indiscriminately as a result of which his brother died at the spot.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 27.06.2015 and 27.04.2015 respectively. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioners. The main allegation is against co-accused Chhotu Yadav @ Dhananjay. No specific injury is attributed against the petitioners. General and omnibus allegation has been made against the petitioners. The other co-accused have been granted anticipatory bail by this Court vide Cr.Misc.No.29258 of 2015. On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances,

let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Purnia in connection with K.Hat (Sahayak) P.S.Case No.271 of 2015, G.R.No.1664 of 2015.

(Sudhir Singh, J) B.Kr./- U T