Manish Kumar Yadav @ Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7161 of 2025 Arising Out of PS. Case No.-18 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Manish Kumar Yadav @ Manish Yadav, Son of Chandra Kishore Yadav, Resident of village - Itahara Rampur, Ward No.- 7, P.S.- Sour Bazar (Baijnathpur), District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Kishanpur P.S. Case No. 18 of 2023, registered for the alleged offence under Section 379 of the Indian Penal Code.

3. As per prosecution case, three miscreants fled away with the motorcycle of the informant in which the informant has kept his mobile phone and Rs. 5,000/- cash apart from a number of documents.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Except for confessional statement of the petitioner, there is

Patna High Court CR. MISC. No.7161 of 2025(2) dt.19-02-2025 2/3 no incriminating material against him as there is no recovery from the petitioner and no Test Identification Parade has been conducted till date. The petitioner is in custody since 12.10.2023 and charge sheet has been submitted. The petitioner is having criminal antecedent of six cases.

5. The learned A.P.P. opposes the submission made on behalf of the petitioner. The learned APP submits that the petitioner appears to be habitual offender and is accused in six other cases of similar nature.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Supaul/court concerned, in connection with Kishanpur P.S. Case No. 18 of 2023, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each

Patna High Court CR. MISC. No.7161 of 2025(2) dt.19-02-2025 3/3 and every date fixed by the court below.

(iii) The petitioner will not indulge in similar type of offences in future.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T