Mahanth Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48992 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- NAURANGIA District- West Champaran ====================================================== MAHANTH YADAV Son of Jeli Yadav Resident of Village-Belwa Mor, Police Station-Lauriya, District-West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Naurangiya P.S. Case No. 36 of 2018 registered under Sections 364(A), 34, 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that there is no specific allegation of causing abduction against this petitioner and the brother of the informant had returned. There is no eye witness to the alleged occurrence and petitioner is in custody since 19.02.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein there is no specific allegation of causing abduction is against this petitioner and the brother of the informant had returned immediately after the informant had caught hold of one of the persons and there is no eye witness of the occurrence making any allegation against this petitioner and the petitioner

Patna High Court CR. MISC. No.48992 of 2019(5) dt.29-11-2019 2/2 is in custody since 19.02.2019, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st, Bagaha, West Champaran, in connection with Naurangiya P.S. Case No. 36 of 2018, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T