Tuntun Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.33750 of 2017 (3) dt.04-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33750 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Tuntun Yadav, son of Satya Narayan Yadav, Resident of Village- Sita Kund Dih, P.S.- Mufassil, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv. For the Opposite Party/s : Mr. Ram Sumiran Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioner seeks regular bail in connection with Muffail P.S. Case No. 05/17, registered for offences punishable under Sections 147, 149, 323, 307, 302, 379 and 504 of the Indian Penal Code.

Allegation against the petitioner and other two coaccused is of assault to the informant and thrashing him on the ground and further other co-accused killed the deceased. It has been submitted on behalf of the petitioner that only allegation against the petitioner that he thrashed the informant on the ground and there is no allegation against the petitioner of assault to the deceased. However, the injury sustained by the informant was found to be simple in nature. Further he has been in custody for four and half months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.33750 of 2017 (3) dt.04-08-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thoussand) with two sureties of the like amount each to the satisfaction of learned CJM, Munger, in connection with Muffasil P.S. Case No. 05 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T