High Court Patna High Court - Orders

Tinku Yadav vs The State Of Bihar on 18 January, 2011

Patna High Court – Orders
Tinku Yadav vs The State Of Bihar on 18 January, 2011
                  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
2

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.)