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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47768 of 2016 Arising Out of PS.Case No. -150 Year- 2016 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Manish Kumar @ Manish Kumar Yadav S/o Rudal Yadav, R/o VillageRadhanagar, P.S-Sajaur, Distt-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-11-2016 Heard both sides.

The petitioner prays for grant of regular bail in Ishakchak P.S. Case No. 150 of 2016 registered under Sections 387 and 364A/34 of the Indian Penal Code.

The wife of the victim lodged the case that her husband was abducted by the accuseds persons named in the First Information Report. The victim was recovered and his statement was recorded under Section 164 of Cr.P.C., a copy whereof is enclosed as Annexure-2.

Learned counsel for the petitioner submits that in his statement made under Section 164 of Cr.P.C., the victim has not named the petitioner. Considering the story given out in his statement under Section 164 of Cr.P.C., the three accuseds persons have been granted bail by this Court vide order dated

Patna High Court Cr.Misc. No.47768 of 2016 (2) dt.09-11-2016 2/2 18.10.2016 passed in Cr. Misc. No. 44707 of 2016. The petitioner is in custody since 23.06.2016 having no criminal antecedent. Considering the facts and circumstances of the case as well as the statement of the petitioner, let the petitioner above named be released on bail on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in Ishakchak P.S. Case No. 150 of 2016 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds. (Kishore Kumar Mandal, J) rohit/- U T