Tukan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50943 of 2014 Arising Out of PS.Case No. -56 Year- 2014 Thana -LAXMIPUR District- JAMUI ====================================================== Tukan Yadav Son of Upendra Yadav Resident of Village - Hathiyawar, P.S.- Laxmipur, District -Jamui .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Amar Prakash For the Opposite Party/s : Mr. Manish Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner. No body appears on behalf of the State to oppose the prayer for bail.

The petitioner seeks regular bail in connection with Laxmipur (Gidhaur) P.S.Case No. 56/2014 under Sections 302, 379, 411, 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner has not been named in the F.I.R. and his name figured during the course of the investigation on the statement of the co-accused. It has been further submitted that a mobile has been recovered from the possession of the petitioner with a SIM Card which was in the name of the mother of the petitioner. It has been further pointed out by the learned counsel that there is no

Patna High Court Cr.Misc. No.50943 of 2014 (3) dt.04-03-2015 allegation that any mobile was snatched during the occurrence and utmost which has come in the case diary is that the mobile was given to the petitioner by the co-accused.

In view of the facts and circumstances of the case and after considering the submissions, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamui in connection with Laxmipur (Gidhaur) P.S.Case No.56/2014 subject to the following conditions: (a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(b) The petitioner shall be well represented on each date in the court below and his failure to do so on two sequential dates shall entail cancellation of his bail bonds;

(c) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail. (V. Nath, J) Nitesh/- U T