Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54193 of 2016 Arising Out of PS.Case No. -1072 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Manoj Yadav, Son of Lalu Yadav @ Lal Yadav, Resident of Village- Lilari Police Station- Baghaila, District- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Surender Prasad Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sasaram Town (Muffasil) P.S. Case No. 1072 of 2016 instituted for the offences punishable under Sections 414 of the Indian Penal Code. The informant along with other officials in course of patrolling duty started checking of the motorcycle and other vehicles. In that course, they saw one person was coming on motorcycle. Seeing the police party, he stopped his motorcycle and tried to flee away but apprehended by the police party. The apprehended accused Mukesh Yadav confessed his guilt and disclosed that he with the help of this petitioner and one other had committed theft of motorcycle.

Patna High Court Cr.Misc. No.54193 of 2016 (2) dt.21-12-2016 2/2 Contention of the petitioner is that the name of this petitioner appeared on the basis of confessional statement of co-accused. In no way, the petitioner held responsible for alleged theft of motorcycle. Besides that no one has come to claim the motorcycle in question. There is nothing cogent evidence against the petitioner to implicate in the present case. The petitioner is in jail custody since 17.09.2016.

The learned APP for the State has opposed the prayer for bail to the petitioner.

Considering the facts and circumstances of the case, let the petitioner above named, be released 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, Sasaram in connection with Sasaram Town (Muffasil) P.S. Case No. 1072 of 2016 subject to the condition that:

(i) 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.

(Sanjay Kumar, J) rohit/- U T