Birendra Yadav @ Biren Yadav @ Lalu Yadav @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69924 of 2021 Arising Out of PS. Case No.-150 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== BIRENDRA YADAV @ BIREN YADAV @ LALU YADAV @ LALU S/O SATYA NARAYAN YADAV, R/o village- Tamganj, P.S.- Narpataganj, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the informant as well as Mr. Akshay Lal Pandit, the learned APP for the State.

The petitioner apprehends his arrest in connection with Narpatganj P.S. Case No. 150 of 2019 registered for offence punishable under section 302/34 of the Indian Penal Code. The informant, Manjula Devi is mother of Kanchan Kumari, aged about 17 years (deceased). As per fardbeyan of the informant Manjula Devi, her daughter Kanchan Kumari was

Patna High Court CR. MISC. No.69924 of 2021(2) dt.27-07-2022 2/3 sleeping in the courtyard of her house. Meanwhile, Mithun Bahardar, Pankaj Bahardar, Ranjeet Bahardar, Sitaram Bahardar and Ashok Bahardar entered into the house of the informant equipped with lathi, stick, farsa, sword etc. They dragged away Kanchan Kumari after catching her locks of hair and after putting rope around her neck, they strangulated her to death. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. The mother of the deceased is the informant. She specifically named five accused persons. She is an eye-witness. She did not name the present petitioner. The learned counsel for the petitioner has submitted further that the petitioner is a Mukhiya. There was some dispute between the FIR named Mithun Bahardar and the present petitioner and it was the reason that he has falsely been implicated in the present case.

On the other hand, Mr. Akshay Lal Pandit, the learned APP, has opposed the prayer for bail.

Considering the above mentioned facts and circumstances, the petitioner above named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.69924 of 2021(2) dt.27-07-2022 3/3 learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 150 of 2019, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T