Manish Yadav @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29926 of 2024 Arising Out of PS. Case No.-107 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Manish Yadav @ Manish Kumar Son of Ashok Yadav Resident of VillageAliganj Gangte, P.S.- Babarganj, Dist.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha, Advocate Mr. Vikas Kumar, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks regular bail in connection with Mojahidpur (Babarganj) P.S. Case No. 107 of 2019, dated 19.04.2019, registered for the offences punishable under Sections 307, 457, 326A, 341, 354, 380, 459, 302/34 of the Indian Penal Code, Sections 25(1-B)A/26, 35 of the Arms Act and Section 12 of the POCSO Act.
3. The prosecution case as emerges from the FIR is that one Prince Kumar along with his associates threw acid on the body of the informant's daughter, due to which she sustained injury.
4. Ld. counsel for the petitioner submits that the
2/4 petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR, but in course of investigation, the name of this petitioner has been figured in this case at very belated stage. He further submits even as per the statement of alleged victim girl as recorded under Section 164 Cr.P.C, the petitioner is not direct assailant and petitioner's name has been taken by the alleged victim in her statement by way of suspicion.
5. He further submits that the petitioner has been languishing in jail since 22.11.2023. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. He further submits that similarly situated co-accused, namely, Ranjeet Sah @ Ranjeet Kumar Sah has been also enlarged on bail by this Court vide order dated 23.02.2023 passed in Cr. Misc. No. 33029 of 2022.
6. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.
7. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive
3/4 Special Judge, POCSO Act-cum-Addl. District and Sessions Judge-VII, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 107 of 2019 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court
4/4 below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.) Shoaib/ Ravi ShankarU T