Tulsi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80879 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Tulsi Yadav Son of Ayodhaya Yadav R/O Village- Fingi, P.S.- Bihiya, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate :

Ms. Priya, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihiya P.S. case No. 64 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that two miscreants including this petitioner assaulted the informant and snatched Rs. 500/- and mobile phone from his pocket.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.03.2023 and has 7 criminal antecedents but he is on bail in all the cases. The petitioner has falsely been implicated in the present case only on the basis of suspicion. He further submitted that the petitioner has no concern with the alleged occurrence.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.80879 of 2023(2) dt.21-12-2023 2/2 opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Bihiya P.S. case No. 64 of 2023. subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner is found involved in similar nature of offence in future, the prosecution will have liberty to move for cancellation of bail bonds of this petitioner. (Rudra Prakash Mishra, J) Alok Verma/- U T