Manish Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.51475 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51475 of 2014 Arising Out of PS.Case No. -202 Year- 2014 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Manish Kumar Yadav S/o Late Jullo Yadav Resident of Village Choudhary Dih, Police Station Lodipur, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Sinha For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Nathnagar P.S. Case No. 202 of 2014 registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code. Allegedly, theft was committed in the house of Ganesh Chandra Chatterjee by unknown and during investigation name of the petitioner transpires in the confessional statement of co-accused Santosh Kumar.

Submission is that the petitioner is not named in the FIR, he has not been put on test identification parade, nothing has been recovered from his possession and except confessional statement of co-accused there is nothing against him. He is

Patna High Court Cr.Misc. No.51475 of 2014 (2) dt.03-03-2015 suffering in custody since 29.8.2014 having no criminal antecedent. It has also been submitted that co-accused Santosh Kumar in whose confession name of the petitioner has come has already been admitted to bail by another Bench of this Court vide order dated 09.01.2015 passed in Cr. Misc. No. 670 of 2015. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhagalpur in connection with Nathnagar P.S. Case No. 202 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T