Manish Kumar @ Kishtu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3233 of 2019 Arising Out of PS. Case No.-606 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Manish Kumar @ Kishtu Yadav, aged about 42 years Male, son of Surendra Pd. Yadav, Resident of Village - Bind Tola, P.S - K. Hat (Maranga), District Purnea.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323, 324, 307, 504, 379, 354, 447 and 506 of the Indian Penal Code registered in connection with K. Hat (Maranga) P.S. Case No. 606 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event, the petitioner is a person of unsound mind undergoing treatment at Ranchi. The petitioner is usually kept in a room by his parents but fled away on the date of occurrence. It is further submitted that injuries on the person of the informant are simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Hat (Maranga) P.S. Case No. 606 of 2018, subject to the conditions as

Patna High Court Cr.Misc. No.3233 of 2019(2) dt.24-01-2019 2/2 laid down under Section 438 (2) of the Code of Criminal Procedue and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/- (Vikash Jain, J) U T