Arun Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12504 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -GURARU District- GAYA ======================================================
1. Arun Kumar Yadav, Son of Amresh Yadav, resident of Village Kurid, P.S. Vasist Nagar Jori, District- Chatra (Jharkhand). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Mojibur Rahman For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2017 Heard both sides.
The petitioner seeks bail in Guraru P.S. case No. 30 of 2016 under Section 323, 341, 427, 435, 504, 506/34 of the Indian Penal Code and under Section 17 of C.L.A. Act. Sukhlala Ravidas, driver of tractor bearing registration No. BR 02-1669, alleged that he is engaged in construction of road and bridge and when he came on the site with cement loaded on his tractor, three persons came on an Apache motor cycle and assaulted him and set ablaze the tractor. The learned counsel for the petitioner submits that the informant did not name the petitioner. During the course of investigation, the name of the petitioner figured in the case on mere suspicion. The petitioner was arrested and police forcibly
Patna High Court Cr.Misc. No.12504 of 2017 (5) dt.28-04-2017 2/2 took his confession. It is submitted that thereafter the petitioner has been made accused in many other cases lodged against unknown. The petitioner is in jail since 18.10.2016. Considering the facts that petitioner is not named in the FIR, name of the petitioner figured in the case on mere suspicion, later on the police took the confessional statement of the petitioner and submitted charge sheet against the petitioner, the above named petitioner is directed to 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 Divya Jaiswal, learned Judicial Magistrate, 1st class, Gaya in Guraru P.S. Case No. 30 of 2016 (G.R. No. 2017 of 2016).
(Prabhat Kumar Jha, J) BKS/- U T