Manish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31787 of 2016 Arising Out of PS.Case No. -155 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Manish Kumar Yadav S/o Ram Saran Yadav resident of Village- Sara Mohanpur, P.S.- Sadar, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Girish Chandra Jha For the Opposite Party : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-09-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 401, 411, 412, 413, 414, 420, 467, 468 and 120 (B) of the I.P.C Allegedly, the petitioner was using forged SIM in the looted mobile and thereafter the informant along with other police personnel arrested the petitioner and recovered the looted mobile from possession of the petitioner and on the basis of his confessional statement motorcycle and mobiles were recovered. Submission is of false implication and that he has been implicated at the instance of his enemy, no looted mobile was recovered from his possession nor any motorcycle was

Patna High Court Cr.Misc. No.31787 of 2016 (3) dt.17-09-2016 2/2 recovered, the police has planted the case against the petitioner, the petitioner is running the business of poultry farm, no offence as alleged is made out against the petitioner, co-accused Madhav Yadav has been allowed bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 26651 of 2016 and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and in this case the petitioner is in custody since 10.04.2016 and as such the petitioner shall be released on bail, on completion of nine months in custody, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Darbhanga in Sadar P.S. Case No. 155 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T