IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33441 of 2010 TINKU YADAV . Versus THE STATE OF BIHAR . -----------
2. 18.01.2011 Heard learned counsel for the petitioner and
learned counsel fort the State.
In the incident one Kabir Kora Mukhiya is
killed and others received fire arm injuries. Submission is
about non-mentioning of petitioner’s name in F.I.R. and
submission of final form exonerating him. Really
petitioner’s name appeared in statement of one of the
injured persons namely, Bindeswari Sah naming this
petitioner as assailant. Learned counsel for the petitioner
submits that in the above circumstance that he is not
named by the informant nor charge sheeted, a vague
allegation by Bindeswari Sah about firing at petitioner’s
hand also may never been taken for refusal of petitioner’s
anticipatory bail, I agree with the submission.
Taking this into consideration, in the event of
arrest or surrender within one month from the date of
receipt/production of a copy of this order in connection
with Dharhara P.S. Case No. 62 of 2008, above named,
petitioner shall be released on bail on furnishing bail
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bond of Rs. 10,000/- with two sureties of the like amount
which to the satisfaction of the Court of Chief Judicial
Magistrate, Munger subject to the conditions as laid
down under section 438 (2 ) of the Cr.P.C.
Devendra/ ( Mandhata Singh, J.)