Gholtu Yadav @ Rajesh Yadav @ Rajesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72199 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== GHOLTU YADAV @ RAJESH YADAV @ RAJESH KUMAR YADAV Son of Late Bishundeo Yadav Resident of Bishanpur Diayara, P.S.- Dhamdaha, District - Purnea ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Dhamdaha P.S. Case No. 45 of 2019, registered under Sections 341, 353, 224, 225 and 34 of the Indian Penal Code. The accusation is that Ashish Kumar was apprehended in connection with Dhamdaha P.S. Case No. 359 of 2018 and was carried at Police Station, but, on pretext to attend the call of nature, he fled away from lock-up. Thereafter, raid was made in his village Bhawanipur and sasural Singhiyan, but, no trace was found. On mobile tracking, it was detected that Ashish Kumar is at Bishanpur Diara in the maize field, as informed by Sukesh Yadav, then, he was instructed to keep
Patna High Court CR. MISC. No.72199 of 2019(2) dt.05-02-2020 2/2 Ashish Kumar there and the police will reach very soon, but, before the informant and other police personnel, Sukesh Yadav and Gholtu Yadav (petitioner) of village Bishunpur, managed to escape.
Submission is that mere on suspicion, the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Dhamdaha P.S. Case No. 45 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T