Tuntun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15334 of 2019 Arising Out of PS. Case No.-73 Year-2017 Thana- SUIYA District- Banka ====================================================== TUNTUN YADAV Son of Shib Charan Yadav Resident of Village-Kauwadah, P.S.- Suiya, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 307, 326(a), 504 and 34 of the Indian Penal Code.

The prosecution case in short is that on a trivial issue, the accused persons started assaulting the informant and other family members with lathi and iron rod due to which they sustained injury. The accused persons also sprinkled acid on them.

Case diary has been called for in this case but it has not been received. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.6.2018 and has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.15334 of 2019(3) dt.11-04-2019 2/2 tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned A.C.J.M. -I, Banka in connection with Suiya P.S. Case No. 73/2017 (G.R. No. 1862/17).

(Sudhir Singh, J) Pankaj/- U T