Laxmi Yadav @ Laxmi Kant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84845 of 2023 Arising Out of PS. Case No.-139 Year-2017 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== LAXMI YADAV @ LAXMI KANT YADAV SON OF SIYARAM YADAV RESIDENT OF VILLAGE - PATHHORA (PARMANANDPUR), P.S. - KUSHESHWAR ASTHAN (O.P. TILKESHWAR), DISTRICT - DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rashmi Jha, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard Ms. Rashmi Jha, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 324, 307, 302, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegedly, petitioner is said to have given order to kill the informant's side.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.84845 of 2023(2) dt.15-01-2024 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific overt act against other co-accused. There is admitted land dispute between the parties. It is further submitted that after investigation, the police has filed the final form against the petitioner, but differing from the final form, learned Court below took cognizance against him. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the final form has been filed against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with K. Asthan P.S. Case No. 139 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T