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Patna High CourtCR. MISC./80587/2018disposed

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

2019-02-27Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 80587 of 2018 Arising Out of PS. Case No.-14 Year-2017 Thana- MADHEPURA District- Madhepura ====================================================== Manish Kumar @ Manish Kumar Yadav Son of Bijen Yadav @ Bijendra Yadav, Resident of Village- Nado, P.S.- Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Sri Manish Kumar 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Madhepura. P.S. Case No. 14 of 2017, registered for the offences punishable under Section 392 of the Indian Penal Code.

Informant has alleged on 07.01.2017 while he was returning to his house on his motorcycle in the way three miscreants intercepted him and looted his motorcycle, a mobile set and certain papers kept in dicky of motorcycle at the point of pistol and fled away.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is not named in the FIR. Petitioner is in custody since 01.06.2018. Considering the facts and circumstances of the

Patna High Court CR. MISC. No. 80587 of 2018(3) dt.27-02-2019 2/2 present case in which looted mobile has been recovered from possession of the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, after completing nine months of the custody, the petitioner would be at liberty to renew his prayer for grant of bail.

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