Lalan Yadav @ Lalan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64846 of 2023 Arising Out of PS. Case No.-99 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== LALAN YADAV @ LALAN PRASAD YADAV SON OF SIDHESHWAR YADAV RESIDENT OF VILLAGE- BUDHGERE, PS- MUFFASIL, DISTTGAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gaya Muffasil P.S. Case No. 99 of 2020 dated 10.3.2020 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the coaccused, Guddu Yadav came in the market and fired in the air. Further, on call, the co-accused Sharwan Yadav and Bablu Yadav came and they started firing indiscriminately and due to that the son of the informant namely Bittu Gupta sustained fire arm injury and he died on the way to hospital

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.64846 of 2023(2) dt.12-10-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that two accused persons namely, Shrawan Yadav and Bablu Yadav have already been acquitted in Session Trial No. 229 of 2020 arising out of Muffasil P.S. Case No. 99 of 2020. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 17.7.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Gaya Muffasil P.S. Case No. 99 of 2020.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T