Manish Kumar @ Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40931 of 2018 Arising Out of PS.Case No. -225 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Manish Kumar @ Manish Yadav, Son of Bhupendra Yadav, Resident of Village- Gadhia, P.S. & District- Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 16.04.2018 in connection with Madhepura (Ghailarh O.P.) P.S. Case No. 225 of 2017 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was returning from attending the Chheka ceremony, two miscreants in a motorcycle snatched his mobile and motorcycle.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and has been

Patna High Court Cr.Misc. No.40931 of 2018 (2) dt.11-07-2018 2/3 falsely implicated only on the basis of confessional statement of co-accused Roshan Kumar who has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 15533 of 2018 vide order dated 12.04.2018. He further submits that nothing has been recovered from his conscious possession and no T.I. Parade has been done so far. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and two cases are pending against him of similar nature.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Ghailarh O.P.) P.S. Case No. 225 of 2017, subject to the conditions that: (1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit

Patna High Court Cr.Misc. No.40931 of 2018 (2) dt.11-07-2018 3/3 stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T