Lalan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80242 of 2025 Arising Out of PS. Case No.-47 Year-2013 Thana- KHUDWA District- Aurangabad ====================================================== Lalan Yadav S/O Late Ganeshi Yadav R/O Village- Jujharpur, P.S- Goh, Distt.- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2026 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner as well as Mr. Umanath Mishra, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 09.06.2025 in connection with Khudwa P.S. Case No. 47 of 2013, F.I.R. dated 18.10.2013 for the offences punishable under Sections 302, 147, 148, 149, 427 of Indian Penal code and Section 27 of Arms Act, 3⁄4 of P.D.P.P Act, Section 3,4,5 of Explosive Substance Act, Section 17 of C.L.A Act and Section 10/20 of U.A.P.A Act.
3. According to prosecution case, the informant alleged that on 17.10.2013,when she was returning with one Arun Pandey, then she saw her husband and other persons going in vehicle and after that a blast happened in which her husband
2/4 and others died. The informant identified the accused persons.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the FIR and his name transpired during investigation on the basis of confessional statement of co-accused person, namely, Prakash Verma and Vijay Singh and both the co-accused have been granted the privilege of regular bail by a co-ordinate Bench of this Court vide order dated 04.03.2025 in Cr. Misc. No.51966 of 2014 and Cr.Misc. No. 3841 of 2025 thereafter the petitioner confessed his guilt in the present occurrence and nothing has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted by the prosecution and except the disclosure made by apprehended co-accused persons, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 09.06.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries six criminal antecedents other
3/4 than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned S.D.J.M., Daudnagar, Aurangabad in connection with Khudwa P.S. Case No. 47 of 2013, subject to the following conditions:- i. 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. ii. 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.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T