Tufani Yadav @ Tufan Kumar Rana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 57642 of 2015 Arising Out of PS.Case No. -435 Year- 2015 Thana -MADHEPURA District- MADHEPURA ====================================================== Tufani Yadav @ Tufan Kumar Rana Son of Dhirendra Kumar Yadav, Resident of Village - Pararia, P.S. + District - Madhepura. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
19-01-2016 Heard Sri Dinesh Prasad Verma, learned counsel for the petitioner and Sri Tarun Prasad Mandal, learned Addl. Public Prosecutor.
The petitioner, who is in custody in Madhepura P.S. Case no. 435 of 2015 corresponding to G.R. No. 1172 of 2015 registered for the offence under Section 414 of the Indian Penal Code and section 25(1-B)a, 26(ii), 35 of the Arms Act, 1959, has prayed for grant of bail.
Learned counsel for the petitioner submits that in an occurrence two persons were apprehended. Besides the petitioner, one another person namely Sanoj Yadav was also apprehended on an allegation of recovery of fire-arm, whereas, co-accused Sanoj Yadav has been extended the privilege of bail by this Court on
Patna High Court Cr.Misc. No.57642 of 2015 (2) dt.19-01-2016 2/2 10-11-2015, vide Cr. Misc. No. 51349 of 2015 (Annexure - 2 to the petition). He submits that case of the petitioner is almost identical to the case of Sanoj Yadav. He further submits that the petitioner is having clean antecedent, which fact has been mentioned in paragraph - 3 of the petition.
Learned Addl. Public Prosecutor though has opposed the prayer for bail, but he was not in a position to distinguish the case of the petitioner from co-accused Sanoj Yadav. Keeping in view the fact that one of the co-accused namely Sanoj Yadav has already been extended the privilege of bail by this Court, vide Cr. Misc. No. 51349 of 2015 and the petitioner is having clean antecedent, there is no reason to deny the prayer for bail of the petition.
Let the petitioner namely Tufani Yadav @ Tufan Kumar Rana 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 learned Chief Judicial Magistrate, Madhepura/concerned court in Madhepura (Bharrahi O.P.) P.S. Case no. 435 of 2015, corresponding to G.R. No. 1172 of 2015. (Rakesh Kumar, J.) Anay U T