Sharad Yadav @ Lalu Yadav @ Lalu vs The State Of Bihar on 4 January, 2022

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Patna High Court - Orders

Sharad Yadav @ Lalu Yadav @ Lalu vs The State Of Bihar on 4 January, 2022

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9271 of 2021
                        Arising Out of PS. Case No.-905 Year-2019 Thana- BANKA District- Banka
                 ======================================================
           1.     SHARAD YADAV @ LALU YADAV @ LALU Son of Ashok Yadav
                  Resident of Village - Majlishpur, Police Station - Banka, District - Banka.
           2.    BHADO YADAV Son of Suresh Yadav Resident of Village - Majlishpur,
                 Police Station - Banka, District - Banka.
           3.    KANHAIYA YADAV Son of Yogendra Yadav Resident of Village -
                 Majlishpur, Police Station - Banka, District - Banka.
           4.    NAWAL KISHORE Son of Late Sikandar Yadav Resident of Village -
                 Majlishpur, Police Station - Banka, District - Banka.
           5.    BABLU YADAV Son of Prayag Yadav Resident of Village - Majlishpur,
                 Police Station - Banka, District - Banka.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

2   04-01-2022

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are appehending their arrest in Banka P.S. Case No. 905 of 2019 registered for the offences punishable under Sections 147, 149, 323 and 307 of the Indian Patna High Court CR. MISC. No.9271 of 2021(2) dt.04-01-2022 2/2 Penal Code and Sections 3 and 4 of the Explosive Act.

Prosecution case is that petitioner nos.1 and 4 having armed with bomb thrown it, whereas the petitioner nos.2 and 3 were armed with pistol but there is no allegation of firing and the accused persons had come with petitioner no.5.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case.

Learned APP appearing for the State has opposed the prayer for anticipatory bail as they are indulged in many cases.

After considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. Hence, the prayer for anticipatory bail of the petitioners is rejected.

However, the petitioners are directed to surrender before the court below and pray for regular bail which may be considered by the court below without being prejudiced by this order.

(Sunil Kumar Panwar, J) brajesh kumar/-

U       T

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Patna High Court - Orders