Yogendra Yadav @ Budhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38333 of 2017 Arising Out of PS.Case No. -377 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Yogendra Yadav @ Budhu Yadav, Son of Dalo Yadav, Resident of VillageLikhani Kojhi, Police Station- Banka, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and State The petitioner is an accused in Amarpur (Fullidumar) P.S. Case No. 377 of 2015 for the offences under Sections 386/34 of the Indian Penal Code.

From the F.I.R., it appears that the petitioner is the alleged driver of the tractor, which was allegedly used for lifting the stone chips of the company of the informant. Counsel for the petitioner submits that in the F.I.R., there is no whisper that the petitioner has even whispered about the demand of Rangdari. From the F.I.R. the allegation of demand of Rangdari against Bindu Yadav and not against the petitioner.

Having regard to the fact that there is no specific allegation either demand of Rangdari or any overt act against the

Patna High Court Cr.Misc. No.38333 of 2017 (2) dt.19-08-2017 2/2 petitioner, who is the driver of the tractor, allegedly used in lifting the stone chips from the construction site of the company of the informant, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 377 of 2015, subject to the condition that the petitioner will extend full cooperation in the conclusion of the trial and will not, in any manner, tamper with the evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) Uday/- U T