Allowed¶20

Lalu Yadav v. The State of Bihar

Patna HC22 Apr 2024CR. MISC./4653/2024

Case brief

AI extract

What is this about?

Regular bail granted; S. 364 IPC; kidnapping for ransom of Rs. 25 lakh; Jagdishpur P.S. Case No. 353 of 2023; District Bhojpur; victim recovered during investigation; parity with co-accused bailed in Cr. Misc. No. 395 of 2024 and Cr. Misc. No. 21824 of 2024; custody since 24.09.2023; bail bond Rs. 10,000 with two sureties; Chief Judicial Magistrate, Bhojpur at Ara; Patna High Court Criminal Miscellaneous No.4653 of 2024; order dated 22-04-2024; Justice Ramesh Chand Malviya.

What did the court decide?

Release on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Jagdishpur P.S Case No. 353 of 2023. ¶20

Lalu Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in judicial custody since 24.09.2023 in Jagdishpur P.S. Case No. 353 of 2023 (S. 364 IPC), should be released on regular bail.

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Court's answer

Regular bail granted to the petitioner on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Jagdishpur P.S. Case No. 353 of 2023.

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Ratio / Principle

Bail was granted after perusal of the FIR and the impugned order, the Court noting that the victim was recovered during investigation, and considering the facts and circumstances of the case and the submissions made on behalf of the petitioner.

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Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), oral order dated 22-04-2024 in Criminal Miscellaneous No.4653 of 2024 arising out of Jagdishpur P.S. Case No. 353 of 2023 (Bhojpur): Regular bail granted to petitioner Lalu Yadav, in judicial custody since 24.09.2023, arraigned under S. 364 IPC for the kidnapping of the informant's husband for sake of Rs. 25 lakh. Counsel urged false implication, absence of the petitioner's name in the victim's s.161 statement (the name having surfaced on a confessional statement), and parity with co-accused already admitted to bail (orders dated 04.04.2024 in Cr. Misc. No. 395 of 2024 and dated 19.04.2024 in Cr. Misc. No. 21824 of 2024). The learned APP opposed the prayer. On perusal of the FIR and the impugned order, noting that the victim was recovered during investigation, and considering the facts, circumstances and submissions, the Court released the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4653 of 2024

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Arising Out of PS. Case No.-353 Year-2023 Thana- JAGDISHPUR District- Bhojpur

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

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Lalu Yadav S/O Late Byasi Yadav Village- Sahpur, Ps. Sahpur, Dist. Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shashi Kant For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 22-04-2024

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner is in custody in connection with Jagdishpur P.S Case No. 353 of 2023 registered for the offences punishable under Sections 364 of the I.P.C.

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As per prosecution case, it is alleged that some unknown person have kidnapped informant’s husband for sake of Rs. 25 lakh.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that victim has not taken the name of the petitioner in his statement under Section 161 whereas the name of the petitioner surfaced on the basis of the

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Patna High Court CR. MISC. No.4653 of 2024(3) dt.22-04-2024 2/2

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confessional statement. It is next submitted that co-accuse has already granted bail by this court vide order dated 04.04.2024 passed in Cr. Misc. No. 395 of 2024 and 19.04.2024 passed in Cr. Misc. No. 21824 of 2024. It is also submitted that petitioner is in judicial custody since 24.09.2023.

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However, learned APP for the State oppose the prayer for regular bail of the petitioner.

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On perusal of the FIR, impugned order, it appears during investigation victim recovered and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Jagdishpur P.S Case No. 353 of 2023.

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(Ramesh Chand Malviya, J)

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Mayank/-

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U T

Lalu Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalu Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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