Manjesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15032 of 2017 Arising Out of PS.Case No. -651 Year- 2015 Thana -MADHEPURA District- MADHEPURA ====================================================== Manjesh Yadav, Son of Dinesh Yadav, Resident of Village- Godhiyari, P.S. & District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate. For the Opposite Party/s : Mr. Sri Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Madhepura P.S. Case No. 651 of 2015, registered under Sections 392 and 412 of the Indian Penal Code.

The accusation is that, on 08.12.2015, the informant, Roushan Yadav, was coming to his house boarding on his Hero Splender Plus motorcycle. In the way, four persons came near the informant on two pulsar motorcycles in black and read colour and surrounded him. At that time, they took cash of Rs.10,000/- from his pocket and also snatched his motorcycle on the point of pistol. Thereafter, the informant came to know that four persons, namely, Rahul Singh, Garkan Yadav, Manjesh Yadav (petitioner) along

with one person came at Ganesh Asthan with black and read colour pulsar motorcycles and taking liquor and both motorcycles are belonging to Rahul Kumar and Garkan Yadav. The informant raised suspicion that Rahul Singh, Garkan Yadav, Manjesh Yadav (petitioner) along with one person looted his motorcycle. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the informant has detailed the physique of the culprits, who indulged in looting of cash and other material and motorcycle, but the petitioner has not been put on T. I. Parade while he is in custody since 08.03.2016.

It is further submitted that while petitioner is accused in 17 other cases, but in maximum cases, he has been acquitted or granted bail as detailed in paragraph 3 of the petition due to that reason the petitioner has falsely been implicated in this case. Further submission is that nothing has been recovered from possession of the petitioner. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No. 651 of 2015.

affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T