Lalu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83162 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Lalu Yadav Son of Hari Yadav Resident of Village Megha, Police Station - Keoti, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-12-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 218 of 2025, registered for the offences punishable under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Allegedly on the fateful day while the informant who is said to be an employee of bus stand, sitting in a tea shop, in the meanwhile, 5-6 persons came on 2-3 motorcycles and started making indiscriminate firing, however the informant somehow managed to save himself. The informant also recognized two persons, who were said to be Vishal Yadav
Patna High Court CR. MISC. No.83162 of 2025(2) dt.17-12-2025 2/3 and Vikky Yadav.
4. Learned Advocate appearing on behalf of the petitioner referring to the FIR contended that the petitioner is not named in the FIR, however, during the course of investigation, the name of the petitioner has been surfaced and a non-bailable warrant has been issued, however, it is admitted fact that in the incidence none has sustained any injury. In fact, on account of the past three criminal antecedent, as has been disclosed in paragraph no. 3 of the bail application, the petitioner has been roped up in the present case, without there being any cogent material. The petitioner undertakes that he will fully cooperate in the proceeding of the Court and abide by the terms and condition.
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the three criminal antecedents carrying by the petitioner clearly suggest he is a habitual offender.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the petitioner is not named in the FIR, besides in the incidence none has sustained any injury and mere criminal antecedent of a person cannot be the sole ground to reject the
Patna High Court CR. MISC. No.83162 of 2025(2) dt.17-12-2025 3/3 prayer for bail, unless there is other cogent materials suggesting his involvement, let the petitioners above named 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, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No. 218 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T