Lalan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89563 of 2024 Arising Out of PS. Case No.-230 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== 1.
Lalan Yadav S/O Late Ram Kishun Yadav Resident of village- Kainjri,P.S. Beldaur Dist- Khagaria.
2.
Shakti Singh @ Prince Kumar S/O Sanjya Singh Resident of villageKainjri,P.S. Beldaur Dist- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners seek bail in connection with Beldaur P.S. Case No. 230 of 2024 registered on 28.06.2024 for the alleged offences under Sections 341, 323, 307, 384, 379, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, petitioners and other coaccused persons assaulted the informant and demanded Rs. 1,50,000/- as extortion. When the demand was not met, the petitioners and other co-accused persons fired five rounds on the house of the informant.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.89563 of 2024(2) dt.08-01-2025 2/3 petitioners are innocent and have been falsely implicated in this case on the basis of cooked up story. From the FIR, it is apparent that the occurrence took place on 25.06.2024 but the FIR has been lodged on 28.06.2024 and there has been no explanation for the delay. It also appears from the FIR that previously the extortion demand was made and the informant was assaulted but no report was lodged by the informant. Learned counsel further submits that petitioner no.1 is completely blind and a certificate has been issued to this effect by Civil Surgeon. Petitioner no.1 has been made accused in four cases whereas petitioner no.2 is accused in one case. Petitioners are in custody since 05.08.2024 and charge-sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague and non-specific nature of allegation and also considering the period of custody of the petitioners and submission of chargesheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Khagaria/concerned court in connection with Beldaur P.S. Case No. 230 of 2024, subject to the conditions
Patna High Court CR. MISC. No.89563 of 2024(2) dt.08-01-2025 3/3 mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T