Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77610 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- DHANAHA District- West Champaran ====================================================== GUDDU YADAV S/o Late Ramashankar Yadav, R/o Vill.- Bagahawa, P.S.- Dhanaha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithvi Nath Mishra, Advocate For the Opposite Party/s :

Mr.Sri Uday Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Dhanaha P.S. Case No. 159 of 2018 registered for the offences punishable under Sections 147, 148, 149, 224, 307, 323, 332, 353, 447, 504 of the Indian Penal Code. Informant who is a police officer has alleged that he received a confidential information that one accused Guddu Yadav (petitioner) who is accused in a Excise matter was present in his house and on receiving said information he along with other police personnel raided the house of petitioner when other FIR named accused who are the relatives and covillagers attacked the police party by lathi, danda and started brick batting as a result of which several police personnel got injured and also prevented to arrest the accused petitioner.

Patna High Court Cr.Misc. No.77610 of 2018(3) dt.09-01-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. There is no allegation of causing any injury to the police and subsequently he was arrested in this case. He is in custody since 20.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha (West Champaran), in connection with Dhanaha P.S. Case No. 159 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T