Tulla Yadav @ Tula Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52951 of 2015 Arising Out of PS.Case No. -280 Year- 2015 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================
1. Tulla Yadav @ Tula Yadav
2. Jagdish Yadav Both Sons of Late Dhanushdari Yadav
3. Sunil Yadav
4. Jeetan Yadav @ Jitendra Yadav Both Sons of Jagdish Yadav all resident of village- Mandilpur, P.S.- Rahui, District- Nalanda .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-12-2015 Heard Sri Pramod Kumar Sinha, learned counsel for the petitioners and learned Addl. Public Prosecutor. Four petitioners, who are in custody in connection with Rahui P.S. Case no.280 of 2015 registered for the offence under Sections 341, 323, 307/34 of the Indian Penal, have prayed for grant of bail.
It was submitted by learned counsel for the petitioners that on perusal of the F.I.R. itself, it is evident that the petitioners have been made accused only on suspicion. By way of referring to Annexure-2 to the present petition i.e. copy of the F.I.R. of Rahui P.S. Case no.278 of 2015 registered for the offence under
Patna High Court Cr.Misc. No.52951 of 2015 (2) dt.14-12-2015 2/2 Section 147, 148, 149, 341, 302 of the Indian Penal Code and Section 27 of the Arms Act, submits that son of the informant of the present case was made accused in a murder case and while he was fleeing away after committing murder, he was apprehended and local people had assaulted him, whereas the petitioner in the present case on suspicion has been made accused. Petitioners are in custody since 08.09.2015.
In view of facts and circumstances, particularly the fact on suspicion the petitioners have been made accused and they are in custody since 08.09.2015, let the petitioners, namely, (i)Tulla Yadav @ Tula Yadav (ii) Jagdish Yadav, (iii) Sunil Yadav (iv) Jeetan Yadav @ Jitendra Yadav be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui P.S. Case no.280 of 2015.
(Rakesh Kumar, J) NKS/- U