Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54768 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- BARBIGHA District- Sheikhpura ====================================================== LALU YADAV Son of Guhan Yadav Resident of Village - Nauranga, P.S.- Maranchi, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou A. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under section 394 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is not named and his name has come in the confessional statement of co-accused Nitish Kumar who has already been allowed bail by this court vide order dated 30.7.2019, passed in Cr.Mis.No. 47054 of 2019 (Annexure 2). Petitioner is in custody since 21.5.2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. Petitioner has got no criminal antecedent. Nothing incriminating has been recovered from his possession. In view of the facts and circumstances of the case,

Patna High Court CR. MISC. No.54768 of 2019(3) dt.25-10-2019 2/2 prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in Barbigha (Kewati OP) Police Station Case No. 126 of 2019 on 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T