Lago Yadav @ Lagan Yadav @ Lagoo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78043 of 2018 Arising Out of PS. Case No.-280 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== Lago Yadav @ Lagan Yadav @ Lagoo Yadav S/o Late Bhikhari Yadav, R/o Vill.- Ganol, P.S.- Bihpur, (Bhawanipur), District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nandsingh For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Bihpur (Bhawanipur) P.S. Case No. 280 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 341, 323, 302, 506 of the Indian Penal Code and Section 27 of the Arms Act. Informant in his written complaint has alleged that there was altercation with Company Yadav and his son Sintu Yadav who was sent to prison and after being released from prison he threatened to eliminate whole family of Informant. It has been further alleged that the father of the Informant had gone to the residence of Chalithar Mistri to lay roof-top of his house where FIR named accused grabbed him and thrashed him on the
Patna High Court Cr.Misc. No.78043 of 2018(2) dt.07-01-2019 2/3 ground. There is specific allegation of causing fire arm injury against Sintu Yadav and Shankar Yadav which resulted in death of the father of Informant on the spot.
It has been submitted on behalf of the petitioner that allegation against the petitioner is that he was also present along with other co-accused. Petitioner is an old aged person. Petitioner has got no criminal antecedent and is in custody since 24.07.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Naugachia, in connection with Bihpur (Bhawanipur) P.S. Case No. 280 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
Patna High Court Cr.Misc. No.78043 of 2018(2) dt.07-01-2019 3/3
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U