Lalu Yadav @ Lallu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68828 of 2019 Arising Out of PS. Case No.-88 Year-2018 Thana- BHADAUR District- Patna ====================================================== LALU YADAV @ LALLU YADAV Son of Madan Yadav Resident of Village- Kumhara, P.S.- Ghoswari, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned senior counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and learned counsel for the informant.

Petitioner seeks bail in a case registered under sections 302, 201 and 120B of the IPC as well as section 27 of the Arms Act. Learned senior counsel for the petitioner at the very outset submits that in the instant case, though F.I.R was against unknown persons, he has been implicated on confessional statement of coaccused Mukesh Kumar. Statement of Mukesh Kumar is such that the petitioner and Mukesh Kumar are attributed the same role in the occurrence. Co-accused Mukesh Kumar has been allowed bail in Cr. Misc. no. 61956/2019.

Learned counsel for the informant submits that injuries which have been alleged in the statement of Mukesh Kumar stand corroborated by medical evidence. Accordingly, learned counsel for

Patna High Court CR. MISC. No.68828 of 2019(2) dt.11-12-2019 2/2 the informant as well as learned A.P.P have opposed the prayer for bail.

On going through the materials, it is evident that the allegation against the petitioner based on confessional statement of Mukesh Kumar is one and the same.

Having regard to the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II, Barh, Patna in Bhadaur P.S. Case no. 88/2018 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T