Tulsi Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44834 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== Tulsi Gaddi son of Late Kanchan Gaddi Village- Barwa Sahaj Tola PsDhanaha Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Afham Akhtar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhanaha P.S. Case No. 18 of 2024 instituted for the offence under Sections 341, 323, 324, 325, 307, 379, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that accused persons including the petitioner have assaulted the informant and his family members by means of lathi, danda, iron rod, etc. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-04-2024. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.44834 of 2024(2) dt.27-06-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that no such occurrence as alleged in the FIR ever took place and in fact, petitioner has become the victim of the circumstances due to dirty village politics. It is next submitted that there is subsisting land dispute between the parties. It is lastly submitted that charge sheet has been submitted in this case.

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, nature of allegation and charge sheet being submitted, 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 Dhanaha P.S. Case No. 18 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.44834 of 2024(2) dt.27-06-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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