Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63502 of 2018 Arising Out of PS. Case No.-134 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Lalu Yadav, S/o Late Valmiki Yadav, R/o Village- Tulsitol Pahadpur, P.S.- Baliya, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Baliya P.S. Case No. 134 of 2018 dated 23.05.2018 instituted for the offences under Sections 341, 323, 324, 379 and 34 of the Indian Penal Code.

In the FIR, it has been alleged that the informant was assaulted by the petitioner by means of farsa on the head but the attack was warded off and the informant got injured in his finger. Thereafter the informant was beaten up mercilessly and could be saved only with the timely arrival of the villagers and family. One of the co-accused persons viz. Titu Yadav took away Rs. 2500/- and wrist watch from the possession of the

Patna High Court Cr.Misc. No.63502 of 2018(2) dt.12-12-2018 2/3 informant.

Learned counsel appearing for the petitioner has submitted that because of the pendency of land dispute between Suchita Yadav and Bhola Yadav and the petitioner having taken the side of one of the warring parties, has been falsely implicated in this case. In fact, the petitioner is taken to be a person having sympathy with Bhola Yadav and therefore he has been made accused in this case. With respect to the same occurrence, it has been submitted, another case has been lodged by one Chunchun Yadav vide Baliya P.S. Case No. 130 of 2018 and in the aforesaid case, a different version has been given. The injuries suffered by the informant is stated to be simple in nature.

Taking all these facts into account and further that the petitioner is only accused in another case and that also at the instance of the informant and his family members, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Baliya P.S. Case No.

Patna High Court Cr.Misc. No.63502 of 2018(2) dt.12-12-2018 3/3 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T