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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14656 of 2023 Arising Out of PS. Case No.-69 Year-1993 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MANOJ KUMAR YADAV @ MANOJ KUMAR S/o Shivnath Prasad Yadav @ Vishwanath Singh @ Bambam Singh R/o Village- Laxmipur, P.S.- Muffasil, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence punishable u/s 302, 201/34 of the IPC. 3.

Vide order dated 12.03.2024, a report was called for and in compliance thereof, report sent by learned 11th Additional Sessions Judge, Muzaffarpur dated 08.04.2024 is kept at flag 'D', whereby it is stated that charge was framed on 25.08.2023 for the offence u/s 302/34 of IPC but till date no witnesses have been produced by the prosecution and even bailable warrants have been issued against the witnesses.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.14656 of 2023(13) dt.10-05-2024 2/3 case due to ulterior motive. There is general and omnibus allegation against the petitioner. Petitioner has no criminal antecedent and is in custody since 28.7.2022. 5.

Considering the submissions made, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kazimohammadpur P.S. Case No.69 of 1993, G.R. No.723/1993, subject to the following conditions: (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

Patna High Court CR. MISC. No.14656 of 2023(13) dt.10-05-2024 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J) pallavi/- U T