Ashish Yadav @ Tiger v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72411 of 2018 Arising Out of PS. Case No.-264 Year-2014 Thana- SHERGHATI District- Gaya ====================================================== Ashish Yadav @ Tiger, Son of Dwarika Yadav, Resident of Village-Mahuavan (Ahuri), P.S.-Amas, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Singh For the Opposite Party/s :
Mr.Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Sherghati (Dobhi) P.S. Case No. 264 of 2014 registered for the offence punishable under Section 387 of the Indian Penal Code, Section 17 of the C.L.A. Act and under Sections 13, 16, 17, 18, 20, 38, 39 and 40 of U.A.P. Act.
The informant has alleged that a message has come on his mobile from a criminal to pay levy otherwise the work will be stopped and, thereafter, due to threatening, the informant who used to look after the work of his brother's company, has stopped the work.
Learned counsel for the petitioner has submitted that petitioner is not named in the F.I.R. and his name has falsely dragged in this case due to the reason that he has a criminal
Patna High Court Cr.Misc. No.72411 of 2018(3) dt.20-12-2018 2/3 history. No T.I.P. has been made in this case. Petitioner is in custody since 15.05.2018. Similarly, placed co-accused has already been granted bail by this court as contained in Annexure -2.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati (Gaya) in connection with Sherghati (Dobhi) P.S. Case No. 264 of 2014 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.72411 of 2018(3) dt.20-12-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T