Ashish Yadav @ Ashish Tiger v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69603 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Ashish Yadav @ Ashish Tiger S/o Dwarika Prasad @ Dwarika Yadav R/o Village-Ahuri (Mahuawan),P.S. Amas,Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Barachatti P.S. Case No. 136 of 2018 registered for the offences punishable under Sections 341, 363, 365, 342, 384 and 34 of the Indian Penal Code and under Section 17 of C.L.A. Act.

Informant who is a supervisor in a construction company has alleged in written complaint that on 16.2.2018 when he was on supervision work three persons on motorcycle came there and forcibly took him away in forest and snatched the key of his motorcycle and thereafter forced him to call his contractor and on refusal they assaulted him and thereafter on seeing villagers they fled away after firing.

Patna High Court Cr.Misc. No.69603 of 2018(2) dt.06-12-2018 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. They were neither arrested on spot nor any incriminating material against the petitioner. He is in custody since 15.05.2018.

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., Sherghati, District- Gaya in connection with Barachatti P.S. Case No. 136 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

Patna High Court Cr.Misc. No.69603 of 2018(2) dt.06-12-2018 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/ManojU T