Mithlesh Kumar @ Teju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2788 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -TEKARI District- GAYA ======================================================

1. Mithlesh Kumar @ Teju Yadav Son of Ram Swarup Yadav Resident of Village- Belhariya, P.S.- Tekari, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 The petitioner seeks regular bail in connection with Tekari P.S. Case No. 110 of 2016 registered for offences punishable under Sections 304B, 120B/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner has not been named in the F.I.R., his name transpired in this case only on the instance of villagers, who stated that the petitioner earlier used to torture the deceased. Learned counsel for the petitioner further submitted that on the alleged date of occurrence, petitioner was in judicial custody in connection with another case since 03.04.2016, and there is no chance of petitioner' presence on the place of occurrence. Petitioner has been

Patna High Court Cr.Misc. No.2788 of 2017 (2) dt.08-02-2017 2/3 remanded in the present case on 24.08.2016.

Heard learned A.P.P. also.

Having heard both sides, considering the fact that at the time of alleged occurrence the petitioner was in custody in connection with another case and he has been remanded in this case on 24.08.2016, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM,-VIth Gaya, in connection with Tekari P.S. Case No. 110 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part two appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.2788 of 2017 (2) dt.08-02-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T