Patna High CourtCR. MISC./1808/2019bail granted

Tufani Yadav @ Tufani @ Dubraj Yadav v. The State Of Bihar

2019-01-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1808 of 2019 Arising Out of PS. Case No.-170 Year-2018 Thana- KATORIYA District- Banka ====================================================== Tufani Yadav @ Tufani @ Dubraj Yadav, son of Late Kishan Yadav, resident of village-Ghagrijore, Police Station-Katoria, District-Banka. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Respondent/s :

Mr.Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is languishing in custody since 23.09.2018 in connection with Katoria P.S. Case No.170 of 2018 registered under Sections 147, 148, 149, 341, 323, 342, 427, 452, 307, 354(B), 504, 506 of the Indian Penal Code. Subsequent death of Ganesh Yadav, Section 302 of IPC has been added.

Prosecution case as per the written report is that on 21.09.2018, there was fight between one Pappu Yadav and one Sanjay Yadav and the same was pacified but after some time, co-accused Prem Yadav, Umakant Mandal, Indradeo Yadav came and assaulted the nephew of informant, namely, Sunil Yadav and when he ran to his house he was being chased by

Patna High Court Cr.Misc. No.1808 of 2019(2) dt.15-01-2019 2/2 accused persons including the petitioner. It is alleged that Umakant Mandal assaulted the brother of informant, Ganesh Yadav and Tufani Yadav tried to strangulate him. Learned counsel for the petitioner submits that the post-mortem report of the brother of the informant, Ganesh Yadav reflects only one external injury which is alleged to have been caused by the co-accused Umakant Mandal. There is no injury on the neck.

Learned counsel for the A.P.P. has vehemently opposed the prayer for bail and submitted that the petitioner is named in the FIR. .

Considering the nature of accusation and period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Banka in connection with Katoria P.S. Case No.170 of 2018.

(Dinesh Kumar Singh, J) sanjeev/- U T