Tuntun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68839 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Tuntun Yadav, Son of Ajjal Yadav @ Ajablal Yadav, Resident of VillageMaheshpur, P.S.- Babarganj (Mojahidpur), District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indeshwari Prasad Mandal For the Opposite Party/s :
Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in S.T. No. 382 of 18(c) arising out of Mojahidpur (Babarganj) P.S. Case No. 03 of 2018 registered for the offence punishable under Sections 364, 307, 379 and 34 of the Indian Penal Code.
Informant has alleged that when he had gone to purchase vegetables then Gaurab Goswami and Rahul Shah forcibly took him on his motorcycle at the strength of Arm and thereafter 5 accused including the petitioner came there and took him to Maheshpur Rolling Mill where 7 to 8 unidentified told that he has been kidnapped and thereafter was abused and assaulted. Allegation against Kundan Yadav is of causing injury on his hand by sharp cutting weapon and other assaulted by fists, slaps and lathi and his mobile was snatched by Gaurab
Patna High Court Cr.Misc. No.68839 of 2018(2) dt.03-12-2018 2/3 Goswami @ Baba.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Similarly, situated co-accused person Karku Yadav @ Karu Yadav has been granted bail in which it was found that one lacerated wound was found on the person of the Informant, by a co-ordinate bench of this Court vide order dated 16.07.2018 in Criminal Miscellaneous No. 42332 of 2018. Petitioner is also similarly situated. Petitioner is in custody since 12.01.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District Judge-IIIrd, Bhagalpur, in connection with S.T. No. 382 of 18(c) arising out of Mojahidpur (Babarganj) P.S. Case No. 03 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.68839 of 2018(2) dt.03-12-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U