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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26911 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ====================================================== Manish Kumar @ Manish Kumar Yadav, Son of Vijendra Yadav, Resident of Village- Nadodih, P.S.- Sour Bazar, District- Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sour Bazar (baijnathpur O.P.) P.S.Case No. 26 of 2017 registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code.

Allegation as per FIR is of snatching of motorcycle of the informant and informant has identified the petitioner at that time though he was not arrested at the spot.

It has been submitted on behalf of the petitioner that sister of the petitioner is living in the village and there is enmity between the family of his sister and the informant and due to that he has falsely been implicated in this case and he has remained in custody for about six months. It has further been submitted that motorcycle has not been recovered from the house of the petitioner, which will appear from the seizure list and he has been made accused in other case but not of similar type. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be

Patna High Court Cr.Misc. No.26911 of 2017 (2) dt.12-07-2017 2/2 released 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 Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar (Baijnathpur O.P.) P.S.Case No. 26 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(iv) If petitioner has been made accused in a case of similar nature in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U