Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42733 of 2018 ====================================================== Manoj Yadav, son of Sri Gangadhar @ Ganga Yadav, resident of VillageKenduwar, P.S.-Amarpur, District-Banka .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Ajay Mukherjee, Advocate For the S t a t e : Mr. Ashok Kumar, APP For the Informant : Mr. Diwakar Sinha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Learned counsel for the informant is also present.

The petitioner is in custody since 12.05.2017 in connection with S.T. No.557 of 2017, arising out of Amarpur P.S. Case No.161 of 2017, registered for the offence under Sections 147, 148, 149, 302, 436, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Considering the fact that the petitioner is already in custody since 12.05.2017 and that admittedly, the petitioner is not the person who has pushed the wife of the informant into the canal but was merely a member of the mob which had gathered at the place, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten

Patna High Court Cr.Misc. No.42733 of 2018 (2) dt.20-07-2018 2/2 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1, Banka, in connection with S.T. No.557 of 2017, arising out of Amarpur P.S. Case No.161 of 2017, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(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 required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T