Dinesh Yadav @ Thallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16162 of 2018 Arising Out of PS.Case No. -434 Year- 2017 Thana -RAMPUR District- GAYA ======================================================

1. Dinesh Yadav @ Thallu, Son of Shiv Balak Yadav, Resident of MohallaGewal Bigha, Bathan, P.S.- Rampur, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-03-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Rampur PS Case No. 434 of 2017 registered under Sections 307, 427, 506/34 of the IPC, Section 27 of the Arms Act and Sections 3,4 and 5 of the Explosive Substances Act..

The allegation in brief is that at 10.45 in the night one shot was fired on the house of the informant who woke up and identified the miscreants including the petitioner escaping away, one bomb was also thrown inside the house but it did not explode. Learned Counsel for the petitioner submits that there is enmity between both sides and on account of that the petitioner has been falsely implicated, there is reasonable distance from the house of the petitioner and in the night it is difficult to identity anyone, the petitioner has no criminal antecedent except one case lodged by the informant side.

Having considered the said facts and circumstances, the petitioner, namely, Dinesh Yadav @ Thallu is directed to 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 CJM Gaya in connection with Rampur PS Case No. 434 of 2017 on the following conditions:- (i). The petitioner shall not tamper with the evidence or give any inducement or threat to the witnesses;

(ii) One of the bailors must be a close family member of the petitioner; and

Patna High Court Cr.Misc. No.16162 of 2018 (2) dt.22-03-2018 (iii). The petitioner is directed to appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.

(Arun Kumar, J.) Snkumar/- U T