Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36919 of 2021 Arising Out of PS. Case No.-78 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== MANOJ YADAV S/O BINDESHWARI YADAV R/o village- Krishnapuri, Yadav Tola, P.S.- K. Hat (Madhubani), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Raj Kumar Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in K.Hat (Madhubani) P.S. Case No. 78 of 2021, registered for the offence punishable under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on 23.01.2021 at about 9.15 pm it is alleged that on the instigation of this petitioner coaccused Nawal Yadav fired upon the brother of informant which hit his neck and he fell down. During course of treatment brother of informant died.

Submission on behalf of the petitioner is that

Patna High Court CR. MISC. No.36919 of 2021(2) dt.17-09-2021 2/3 petitioner has no concern with the co-accused Nawal Yadav and he has falsely been implicated in this case. Informant is not the eye-witness of the occurrence. Allegation of firing is against coaccused Nawal Yadav. Petitioner is having clean antecedent and he is in custody since 25.01.2021.

However, counsel for the informant vehemently opposed the bail application and submitted that petitioner is the order giver.

Considering the facts and circumstances of the case and the fact that specific and direct allegation of firing is against co-accused Nawal Yadav and petitioner is only alleged to be the order giver, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea. in connection with K. Hat (Madhubani) P.S. Case No. 78 of 2021, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be

Patna High Court CR. MISC. No.36919 of 2021(2) dt.17-09-2021 3/3 cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T