Manish Kumar @ Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32034 of 2018 Arising Out of PS.Case No. -675 Year- 2014 Thana -MADHEPURA District- MADHEPURA ====================================================== Manish Kumar @ Manish Yadav, S/o Ram Chandra Pd. Yadav @ Arbind Yadav, R/o Vill.- Maloudha Ward No. 12, P.S.- Bashahi, District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amarnath Jha, Advocate. For the Opposite Party : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

The petitioner is in custody since 29.02.2018 in connection with Madhepura (Ghailarh) P.S. Case No. 675 of 2014 registered for the offence under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not named in the F.I.R., his name has transpired during investigation on the confessional statement of co-accused made before the police which has got no evidentiary value. It is further submitted that the petitioner was mechanically remanded in connection with the present case and he is willing to abide by any terms and conditions as imposed by this Court. He further

Patna High Court Cr.Misc. No.32034 of 2018 (3) dt.28-06-2018 2/3 submits that in other cases also he has been remanded in similar manner on the basis of such confessional statement. Having taken into consideration all facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Madhepura, in connection with Madhepura (Ghailarh) P.S. Case No. 675 of 2014, subject to the following conditions:

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his 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 as and when so

Patna High Court Cr.Misc. No.32034 of 2018 (3) dt.28-06-2018 3/3 required and in case of failure, the State shall be at liberty to move for cancellation of bail.

U.K./- (Anjana Mishra, J) U T