Lalan Yadav @ Lalan Kumar Yadav @ Lalan Kumar Vs The State… — Anticipatory Bail | Patna HC (2024)

Lalan Yadav @ Lalan Kumar Yadav @ Lalan Kumar Vs The State… — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, on arrest or surrender before the court below within six weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Mansi P.S. Case No. 261 of 2023, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Mansi P.S. Case No. 261 of 2023 (Khagaria) for offences under Sections 447, 147, 148, 149, 307, 504, 427 IPC and Section 27 of the Arms Act. +1 more

Court's answer

Anticipatory bail allowed: in the event of arrest or surrender before the court below within six weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Mansi P.S. Case No. 261 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

The court allowed the anticipatory bail considering the backdrop of the case and the injury report (sentence continues across the page break, resuming at ¶19).

Detailed headnote1 paragraphs

Anticipatory bail — granted. Patna High Court (Prabhat Kumar Singh, J.), Criminal Miscellaneous No. 15500 of 2024, oral order dated 08-07-2024, arising out of Mansi P.S. Case No. 261 of 2023, District Khagaria, in which the petitioner apprehended arrest for offences under Sections 447, 147, 148, 149, 307, 504, 427 IPC and Section 27 of the Arms Act. The F.I.R. alleged that the petitioner fired upon the informant, the shot striking the thigh of Balak Kumar. Petitioner's counsel submitted false implication due to a land dispute and pointed to the injury report recording a simple injury caused by a hard and blunt substance. Considering the backdrop of the case and the injury report, the court allowed anticipatory bail: on arrest or surrender within six weeks the petitioner is to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15500 of 2024

Arising Out of PS. Case No.-261 Year-2023 Thana- MANSI District- Khagaria

======================================================

Lalan Yadav @ Lalan Kumar Yadav @ Lalan Kumar Son of Late Botal Yadav Resident of Village- Rohiyar, P.S.- Chautham, District- Khagaria (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 08-07-2024

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 447, 147, 148, 149, 307, 504, 427 of the Indian Penal Code and Section 27 of the Arms Act.

According to the F.I.R., this petitioner fired upon the informant which hit on the thigh of one Balak Kumar.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to land dispute. As per the F.I.R., this petitioner is alleged to have fired upon Balak Kumar but as per the injury report, Balak Kumar sustained simple injury, caused by hard and blunt substance, which itself falsifies the prosecution case.

Considering the backdrop of the case and injury

Patna High Court CR. MISC. No.15500 of 2024(4) dt.08-07-2024 2/2

report, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Mansi P. S. Case No. 261 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Navya/-

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