Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1952 of 2018 Arising Out of PS. Case No.-57 Year-2017 Thana- MARKAHI District- Khagaria ====================================================== Manish Yadav, S/o Sita Ram Yadav, Resident of Village- Ekaniya, P.S.- Mansi, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. DR. AJEET KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Morkahi P.S. Case No. 57 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code. Informant in his written report before the Officer-incharge of the Morkahi P.S. has stated that he is performing the duty of clerk in the brick kiln and on 06.07.2017 after completing the work at about 9:30 pm, he went to his house and in the night at about 3:00 am, the Munshi of the brick kiln informed him that six to seven unidentified persons snatched Rs. 2590/-, one mobile phone and also looted Rs.34000/- cash after breaking the lock of the box kept in the office of the brick kiln. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.1952 of 2018(4) dt.20-02-2018 2/3 he has been falsely implicated in this case on the confession of one Bablu Singh and there is no incriminating material against him and he has named the petitioner in two cases and present case is the counter version of Muffasil P.S. Case No. 268 of 2017. Police has implicated the petitioner in both the cases on the confession of Bablu Singh. It has been submitted that he has been falsely implicated in this case for the reason that he is witness in Chitragupta Nagar P.S. Case No. 421 of 2012. It has been further submitted that apart from Muffasil P.S Case No. 268 of 2017 in which he has been made accused, there is no criminal case pending against him.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Morkahi P.S. Case No. 57 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C. (S. Kumar, J) ranjan/- U

Patna High Court Cr.Misc. No.1952 of 2018(4) dt.20-02-2018 3/3