Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74307 of 2018 Arising Out of PS. Case No.-7 Year-2015 Thana- CHANDAN District- Banka ====================================================== Mantu Yadav, son of Ghanshyam Yadav, resident of Village, Lohjara, P.S. Jhajha, District, Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Chandan (Anandpur) P.S. Case No.7/2015 registered for the offence punishable under Sections 395 and 364 of the Indian Penal Code.

Informant has alleged that when informant was eating with his family members on 14.01.2015 at 9 p.m., 10-15 unidentified miscreants entered his house with arms and looted ornaments, mobiles etc. of his family members. The miscreants also abducted the son of the informant.

It has been submitted that petitioner is not named in the F.I.R. and his name has surfaced in this case on the confessional statement of co-accused, Sonu Vernwal and, thereafter, petitioner was remanded in this case on 06.06.2018. It has further been submitted that similarly placed co-accused, Sonu

Patna High Court Cr.Misc. No.74307 of 2018(2) dt.14-12-2018 2/2 Vernwal has already been granted bail by a co-ordinate Bench of this Court vide order dated 12.10.2018 passed in Cr. Misc. No.63052/2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur) P.S. Case No.7/2015, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T