Mannu Yadav @ Manua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37939 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- NATHNAGAR District- Bhagalpur ====================================================== Mannu Yadav @ Manua Son of Late Arjun Yadav Resident of Village - Roghopur(Tikker), P.S. - Madhusudanpur, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s:
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-11-2024 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Nathnagar (Madhusudanpur) P.S. Case No. 119 of 2024 for the offence punishable under sections 25(1-B)(a) and 26 of the Arms Act lodged on 21.02.2024 by the informant, Prasad Shrimali.
3. As per the prosecution story, the informant alleged that during patrolling duty, it intercepted the petitioner and found loaded country-made pistol beside the mobile. This led to the FIR.
4. Learned counsel for the petitioner submits that Police is hell bent upon lodging cases against him because he has criminal antecedent, he has already remained in custody
Patna High Court CR. MISC. No.37939 of 2024(4) dt.11-11-2024 2/3 since 22.02.2024 (paragraph-13 of the petition) and if granted relief, shall ensure that he is not implicated in any other case failing which, the prosecution side shall be free to take steps for cancellation of the present bail bond.
5. Learned APP opposes the prayer for bail submitting that the petitioner have criminal antecedents.
6. Considering the submission put forwarded by the parties as also his period of custody, an undertaking has been given that he shall be diligently appearing in trial and will desist from getting implicated in any such cases failing which the prosecution side shall be free to take steps for cancellation of his bail bond, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Bhagalpur, in connection with Nathnagar (Madhusudanpur) P.S. Case No. 119 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.37939 of 2024(4) dt.11-11-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for two years to mark his attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T