Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13989 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- JAIPUR District- Banka ====================================================== MANOJ YADAV SON OF BHUMESHWAR YADAV R/O VILLAGEPATLIKHA, P.S.- JAIPUR, DISTRICT- BANKA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-12-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 364 and 34 of the Indian Penal Code.
As per the prosecution case, the husband of the informant who had gone out for stroll did not return and was not found inspite of search. His mobile was recovered. The informant suspects the hand of the petitioner in the occurrence. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case on the basis of suspicion. The alleged victim returned and his statement under section 164 Cr.P.C.(Annexure-2) was recorded, wherein he has not named the petitioner. The petitioner is in custody since 24.12.2021 and chargesheet has been submitted in the
Patna High Court CR. MISC. No.13989 of 2022(3) dt.22-12-2022 2/2 case. The case of the petitioner stands on a similar footing to that of Shyam Kumar who has been enlarged on bail vide order dated 23.5.2022 passed in Cr. Misc. no.4588 of 2022. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, grant of bail to co-accused Shyam Kumar and the petitioner having remained in custody for 11 months since 24.12.2021, the Court directs the petitioner to be enlarged on bail in connection with Jaipur P.S. Case no.53 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Banka. (Partha Sarthy, J) Saurabh/- U T