Tula Yadav @ Tulla Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55769 of 2016 Arising Out of PS.Case No. -195 Year- 2016 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Tula Yadav @ Tulla Yadav, Son of Late Dhanukdhari Yadav, resident of Village- Mandilpur, P.S. Rahui, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Sinha, Advocatet For the Opposite Party : Mr. Sri Satyendra Narayan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Deepnagar P.S Case No. 195 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302 and 504 of the Indian Penal Code.

Allegedly, the petitioner and other F.I.R. named accused persons being armed surrounded the informant and caught his son Sikander @ Banti Yadav and all directed to shoot him and then Jagdish Yadav, Jitan Yadav and Jhorangi Yadav opened fire which hit in his head, near left ear, forehead and beneath left chick and thereafter all the six and Sunil Yadav also opened fire and directed the informant and other not to come otherwise to kill them also and fled away towards East. The son of the informant succumbed to the injuries.

Submission is of false implication and due to land

Patna High Court Cr.Misc. No.55769 of 2016 (2) dt.12-01-2017 2/2 dispute against the petitioner, there is no allegation for committing any overt act, specific allegation for opening fire is against Jagdish Yadav, Jitan Yadav and Jhorangi Yadav. The petitioner has been alleged as only the member of the mob and, as such, he deserves sympathetic consideration as he is suffering in custody since 24.10.2016.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that the petitioner is not the assailant and, as such, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif, in connection with Deepnagar P.S. Case No. 195 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T