Lalan Yadav @ Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69106 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- BIRPUR District- Supaul ====================================================== Lalan Yadav @ Lalu Yadav Son of Madan Yadav Resident of Village Nirmali, P.S. Balua Bazar, District- Supaul ... Petitioner

Versus

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

For the Petitioner :

Mr.Binod Kumar Yadav, Advocate For the Opposite Party :

Indu Kri Srivastava, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner is an accused in a case registered for offence under sections 413,414/34 of the Indian Penal Code. Police arrested a person with a stolen motorcycle, who disclosed that he was indulged in selling of stolen vehicles along with the petitioner and other accused persons. It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case on the confessional statement of co-accused, and save and except, there is nothing against him to connect with the offence. It is also submitted that there is no recovery of any incriminating material from the possession of the petitioner. Petitioner is in custody since 27.7.2019. Similarly situated co-accused Vishnu Kumar has already been allowed bail by a bench of this Court vide order dated 7.11.2019, passed in Cr.Mis.No. 64265/2019.

In view of the aforesaid submissions, 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, Birpur, Supaul in Birpur (Balua Bazar) Police Station Case No.

Patna High Court CR. MISC. No.69106 of 2019(3) dt.29-01-2020 2/2

(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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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