Tulshi Kumar @ Tulshi Yadav @ Tulasi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71461 of 2024 Arising Out of PS. Case No.-336 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Tulshi kumar @ Tulshi Yadav @ Tulasi Yadav S/o Late Gopal Yadav @ Gopali Yadav R/o village - Dumari (Tapsa) ,P. S - Fatehpur , District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramadhar Shekhar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Fatehpur P.S. Case No. 336 of 2024 instituted for the offence under Sections 380, 457 of the Indian Penal Code. 3.

Prosecution case in short is that, petitioner along with other co-accused have committed loot in the house of the informant and have taken away Rs. 10,000/- and other articles. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-06-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.71461 of 2024(2) dt.21-10-2024 2/2 counsel that petitioner has been falsely implicated in the present case due to previous enmity. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness to the occurrence. Parties are agnates and there is subsisting land dispute between the parties. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Fatehpur P.S. Case No. 336 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T