Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43517 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== MANOJ YADAV SON OF BRIJNANDAN YADAV R/O VILLAGELANGRI SARAI, P.S.- GHOSI, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Ghosi P.S. Case No. 155 of 2020 registered for the offence under Sections 147, 148, 149, 341,323, 324, 307 and 379 of the Indian Penal Code.

The petitioner is said to have assaulted the cousin brother of the informant by means of Garasa resultantly he sustained injury.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner and the informant happen to be gotia and there is

Patna High Court CR. MISC. No.43517 of 2021(3) dt.22-02-2022 2/3 land dispute between them for which the father and uncle of the petitioner have filed a Title Suit No. 59 of 2019 against the injured and his family members on account of which, the petitioner has been made accused in this case. He also submits that the another case bearing Ghosi PS. Case No. 156 of 2020 has also been lodged by the uncle of the petitioner against the informant. He further submits that the prosecution version as alleged in the F.I.R. is not supported by the reinstatement of the informant as mentioned at paragraph-3 of the case diary. The petitioner is rotting in judicial custody since 07.02.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jehanabad in connection with Ghosi P.S. Case No. 155 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.43517 of 2021(3) dt.22-02-2022 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T