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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21601 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- BALIYA District- Begusarai ====================================================== MANISH KUMAR YADAV @ MANISH YADAV SON OF PRAHALAD YADAV RESIDENT OF VILLAGE - CHHOTI BALLIA, UPPER TOLA, P.S. - BALLIA, DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Ballia P.S. Case No.301 of 2023 registered for the offence under Sections 147, 148, 149, 341, 342, 323, 325, 337, 338, 307, 435, 436, 353, 327, 153(A), 295(A), 505(B), 505(C), 120(B) and 379 of the Indian Penal Code and Section 9 of Loud Speaker Act. 3.

Prosecution case, in short is that during Durga Puja at the time of idol procession, total 79 named and 200 unknown miscreants started riot due for which law and order got disturbed.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.21601 of 2024(2) dt.17-05-2024 2/3 implicated in the present case. It is submitted that there is specific allegation against this petitioner. It is further submitted that petitioner is neither the member of the organization nor concern with either side he has been dragged in this case only on the basis of wrong identification. It is also submitted that nothing incriminating surfaced during course of investigation which may connect this petitioner with the present set of occurrence. It is submitted that similarly situated co-accused person has already been granted bail by this Court as well as learned different co-ordinate Benches through Cr. Misc. No.23391 of 2024 on 10.04.2024, Cr. Misc. No.24875 of 2024 on 19.04.2024, Cr. Misc. No.762 of 2024 on 16.01.2024 and Cr. Misc. No.3834 of 2024 on 13.02.2024. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 25.12.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as similarly situated co-accused persons have already been granted bail by this Court as well as learned co-ordinate Bench, let the petitioner, above named, is directed to be released on bail in

Patna High Court CR. MISC. No.21601 of 2024(2) dt.17-05-2024 3/3 connection with Ballia P.S. Case No.301 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai.

(Ramesh Chand Malviya, J) S.Katyayan/- U T