Fula Yadav @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44010 of 2014 Arising Out of PS.Case No. -173 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== Fula Yadav @ Raushan Kumar Son of Pramod Yadav Resident of Bandopur, Police Station- Karpi, District- Arwal .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s : Mr. Md. Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-02-2015 Heard counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case lodged under diverse sections of the Penal Code including section 354 IPC in connection with Karpi P.S. Case No. 173 of 2014. The allegation is that while the husband was sleeping on the roof the wife went inside the bed room on the ground floor only to find the petitioner hiding beneath the Choki. He was apprehended but was rescued by the villagers. Further allegation is that the petitioner also committed theft of certain household articles.

The contention of the petitioner is that he was not arrested from the place of occurrence. No stolen articles has been

Patna High Court Cr.Misc. No.44010 of 2014 (4) dt.04-02-2015 2 / 2 recovered from his possession. Owing to enmity due to payment of wages the case has been lodged . There is no criminal antecedent against the petitioner and he is in custody since 31.08.2014. It has also been submitted that the petitioner, if released, would desist from tempering with the evidence in any manner.

In the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in Karpi P.S. Case No. 173/14 subject to the conditions that one of the bailors shall be his own/close family member. The petitioner shall appear in person before the court concerned on the date(s) fixed. In case of default in doing so on two consecutive dates, the trial court shall cancel his bails bonds. During the subsistency of the bail if the petitioner is found involved in any case of similar nature the same shall also entail cancellation of bail bonds of the petitioner. (Kishore Kumar Mandal, J) HR/- U