Tuntun Yadav @ Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13108 of 2024 Arising Out of PS. Case No.-494 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Tuntun Yadav @ Ajay Yadav Son of Sitaram Yadav Resident of VillageAnandpur, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Madhav Raj, Advocate For the State :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Laxmipur P.S. Case No. 494 of 2023 instituted for the offence under Sections 385, 387, 353, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that petitioner has intimidated the informant to withdraw one case bearing Case No. 493 of 2023 and threatened to kill him.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-11-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.13108 of 2024(2) dt.04-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is an owner of a tractor and he used to carry sand for the purpose of construction and on refusal of extraneous consideration demanded by the police officials, he has been dragged in this case. In fact, real set of story behind lodging of the instant case is that on 04-11-2022, informant along with other police officials went to the house of the petitioner and assaulted the petitioner as well as his family members.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and nature of accusation, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laxmipur P.S. Case No. 494 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T