Patna High CourtCR. MISC./37036/2017bail granted

Tufani Yadav And ANR v. The State Of Bihar

2017-08-10Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37036 of 2017 Arising Out of PS.Case No. -369 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Tufani Yadav son of Ucho Yadav, Resident of Village- Nayatola Mirzapur, P.S.- Madhusudanpur (Nathnagar), District- Bhagalpur.

2. Vishambhar Yadav @ Vishambhar Kumar Yadav @ Abhishekh Raj son of Harilal Yadav, Resident of Village- Nayatola Karella (Mirzapur), P.S.- Madhusudanpur (Nathnagar), District- Bhagalpur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Manoj Kumar Jha, Advocate For the Opposite Party : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for offence under section 395 of the I.P.C.

Petitioners submit that they were arrested in connection with another case, i.e., Nathnagar (Madhusudanpur) Police station Case No. 39 of 2017 registered for the offence under sections 399 and 402 of the IPC and sections 25(1-b)a, 26 and 35 of the Arms Act, police have forcibly obtained confessional statement and made accused in the instant case. Though the alleged occurrence is of 18.12.2016, on obtaining confessional statement, they have been implicated in this case on 7.2.2017. Petitioners submit that no looted articles have been recovered from their possession. In the

Patna High Court Cr.Misc. No.37036 of 2017 (2) dt.10-08-2017 2/2 aforesaid case, petitioners are already on bail. In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let both the petitioners above named be released on bail on their furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate I, Bhagalpur in Nathnagar (Madhusudanpur) Police station Case No. 369 of 2016, GR No. 4322 of 2016.

(Madhuresh Prasad, J) Shashi.

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