Allowed¶20

Lalu Yadav v. The State of Bihar

Patna HC4 Apr 2025CR. MISC./9397/2025

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.9397 of 2025, decided 04-04-2025 (Chandra Prakash Singh, J): anticipatory bail allowed to Lalu Yadav in LNMU P.S. Case No. 338 of 2023 (ss.147-120B IPC incl. 307, 452, 354B, 380); bail upon arrest/surrender within six weeks on Rs. 20,000 bond with two like sureties, subject to s.438(2) CrPC conditions; State had opposed citing informant's fractured mandible; parity urged with co-accused bailed on 19.03.2024 in Cr. Misc. No. 20917 of 2024.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail upon arrest/surrender within six weeks, on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under section 438(2) CrPC, in connection with L.N.M.U P.S. Case No. 338 of 2023. ¶20

Lalu Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in L.N.M.U P.S. Case No. 338 of 2023 registered for offences u/ss 147, 148, 149, 341, 323, 307, 452, 354B, 380, 427, 337, 338, 504, 506 and 120B IPC, should be enlarged on anticipatory bail under section 438 CrPC.

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Court's answer

The petitioner is to be enlarged on bail, in the event of his arrest/surrender within six weeks, on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Darbhanga, in connection with L.N.M.U P.S. Case No. 338 of 2023, subject to conditions under section 438(2) CrPC.

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Ratio / Principle

The anticipatory bail application stands allowed.

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Detailed headnote1 paragraphs

Anticipatory Bail — Allowed. Lalu Yadav, apprehending arrest in L.N.M.U P.S. Case No. 338 of 2023 dated 01.11.2023 (P.S. Lalit Narayan University, District Darbhanga), registered for offences u/ss 147, 148, 149, 341, 323, 307, 452, 354B, 380, 427, 337, 338, 504, 506 and 120B IPC, filed the present application. Prosecution case: entry by the petitioner, co-accused and 15-17 unknown persons into the informant's house, assault, looting, firing on and indiscriminate assault of the informant, misbehaviour with his wife and mother, pelting of stones and attempt to set the house on fire. Counsel for the petitioner urged innocence, a 16-day delay in lodging the FIR, absence of firearm injury, absence of specific allegation, general and omnibus allegation, free fight between parties, grievous and simple injuries to co-accused Chhotu Yadav and Nawal Thakur respectively, parity with a similarly situated co-accused granted anticipatory bail on 19.03.2024 in Cr. Misc. No. 20917 of 2024, and disclosed three criminal antecedents of the petitioner; the State opposed, citing the informant's multiple injuries including fracture of the mandible. Considering the facts, circumstances and materials available, the court (Chandra Prakash Singh, J) directed that the petitioner, upon arrest/surrender within six weeks, be enlarged on bail on a Rs. 20,000/- bond with two like sureties, subject to the conditions in section 438(2) CrPC. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9397 of 2025

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Arising Out of PS. Case No.-338 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga

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

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Lalu Yadav S/O Late Bindeshwar Yadav @ Vindeshwar Yadav R/O Azamgarh, Alafganj, P.O.- Lalbagh, P.S.- LNMU, Dist.- Darbhanga- 846004

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... ... Petitioner/s

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Versus

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The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sitanshu Shekhar Singh For the Informant : Mr. AN Ahmad, Adv. For the Opposite Party/s : Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 04-04-2025

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Heard learned counsel for the petitioner and learned counsel for the informant as well as leanred Additional Public Prosecutor for the State.

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2 . The petitioner is apprehending his arrest in a case in connection with L.N.M.U P.S. Case No. 338 of 2023 dated 01.11.2023 registered for the offence/s punishable u/ss 147, 148, 149, 341, 323, 307, 452, 354B, 380, 427, 337, 338, 504, 506 and 120B of the Indian Penal Code.

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3 . As per the prosecution case, the petitioner and the co-accused persons along with 15-17 unknown miscreants are alleged to have entered the house of the informant and started abusing and assaulting him with the butt of pistol, lathi and

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Patna High Court CR. MISC. No.9397 of 2025(2) dt.04-04-2025 2/3

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danda and they looted household articles and ornaments of the informant's wife. When the informant's wife and mother came to rescue, all the accused also abused and misbehaved with them. It is further alleged that the accused persons took the informant away from his house and Md. Anwarul Haque @ Nanki and Taurn Paswan fired on him but he fell down on the ground. Thereafter, they indiscriminately assaulted the informant with brick, stone and butt of pistol causing injury to him. It is further alleged that they also pelted stones on the house of the informant and damaged his motorcycle, CCTV camera and tried to set his house on fire with the help of gas cylinder.

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of 16 days in lodging the FIR. It is further submitted that no one sustained firearm injury. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner is only member of mob. There is free fight between the parties. The coaccused Chhotu Yadav and Nawal Thakur sustained grievous and simple injuries respectively. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 19.03.2024 passed in Cr. Misc. No. 20917 of 2024.

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Patna High Court CR. MISC. No.9397 of 2025(2) dt.04-04-2025 3/3

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The petitioner has three criminal antecedents as stated in para 3 of the bail petition.

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5 . Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the informant sustained multiple injuries including fractured injury of mandible.

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6 . Considering the aforesaid facts and circumstances of the case as well as the materials available on the recored, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with L.N.M.U P.S. Case No. 338 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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

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Parties & counsel

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