Patna High CourtCR. MISC./5565/2016bail granted

Manoj Yadav v. The State Of Bihar

2016-02-15Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.5565 of 2016 (2) dt.15-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5565 of 2016 Arising Out of PS.Case No. -105 Year- 2015 Thana -MOKAMAH District- PATNA ======================================================

1. Manoj Yadav Son of Late Ram Chandra Yadav @ Late Ram Chandra Rai resident of Village - Mekra (Naya Tola), Police Station - Mokama, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s Mr. Awdhesh Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 15.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Although petitioner is named in the first information report but it is the specific case of the prosecution that FIR named accused Pappu Yadav, Pramod Yadav and Manohar Yadav opened fire on the deceased and so far as the petitioner is concerned, it is alleged that he as well as one FIR named accused Mukesh Yadav opened fire on the informant and others.

Admittedly, except the deceased, neither informant nor any other person sustained any injury.

Submission on behalf of the petitioner is that the reason of false implication of the petitioner is institution of Mokama P.S. Case no. 95/2014 against the prosecution party for causing injury to the petitioner and in the aforesaid case, when trial started against

Patna High Court Cr.Misc. No.5565 of 2016 (2) dt.15-02-2016 prosecution party, prosecution party implicated the petitioner in this case.

Considering the aforesaid submissions as well as taking note of the allegation levelled against the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri R.K. Verma, Judicial Magistrate, Barh (Patna)/ concerned court in Mokama P.S. Case no. 105/2015.

shahid (Hemant Kumar Srivastava,J) U T