Patna High CourtCR. MISC./9051/2025bail granted

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

2025-05-12Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9051 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Manoj Yadav @ Manoj Kumar Yadav, Male, aged about 21 Years, S/OShivnarayan Yadav, R/O Village- Kamlabari, P.S. - Jaynagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2025 Heard Mr. Ashok Kumar, learned counsel appearing on behalf of the petitioner and Mr. Mrityunjaya Kr.Gautam, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Ladania P.S. Case No. 376 of 2024, registered for the offence punishable under Sections 309(4) of the B.N.S., 2023.

3. As per the allegation made in the FIR, petitioner along with other accused persons, had snatched rupees one lac from the informant on the point of pistol. Co-accused Guru Sharan Chaudhary was arrested on the spot.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. No specific allegation has

Patna High Court CR. MISC. No.9051 of 2025(3) dt.12-05-2025 2/3 been levelled against the petitioner. Nothing has been recovered from the house of the petitioner. Name of the petitioner transpired on the basis of confessional statement made by coaccused Guru Sharan Chaudhary, who was arrested on the spot, in police custody, which has no evidentiary value in the eye of law. On these grounds, petitioner seeks to be released on prearrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that no specific allegation has been levelled against the petitioner. Nothing has been recovered from the house of the petitioner. Name of the petitioner transpired on the basis of confessional statement made by coaccused Guru Sharan Chaudhary, who was arrested on the spot, in police custody, which has no evidentiary value in the eye of law. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/-

Patna High Court CR. MISC. No.9051 of 2025(3) dt.12-05-2025 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Madhubani, in connection with Ladania P.S. Case No. 376 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T