Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38765 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -CHANAN District- BANKA ====================================================== Manoj Yadav son of Basudeo Yadav r/o Kagashar, P.S. Katoriya Distt. Banka.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nawal Kishore Singh, Advocate For the State : Mr. Madhura Nand Jha (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code.

On earlier occasion, petitioner's prayer for bail has been rejected vide order dated 03.03.2015 passed in Criminal Miscellaneous No.50776 of 2014 (Annexure 1). However, this Court had observed that prayer for grant of bail was being rejected at that stage.

It is contended that the petitioner was never put on Test Identification Parade and he was made an accused on the basis of his confession. It is submitted that petitioner has remained in

Patna High Court Cr.Misc. No.38765 of 2015 (3) dt.04-11-2015 2 / 2 custody since 09.09.2014 and more than two years have passed since then, however, only two witnesses have been examined till date. The charges were framed against the petitioner after earlier order dated 03.03.2015.

Having regard to the facts and the circumstances of the case, the petitioner, Manoj Yadav is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Santosh Kumar, Judicial Magistrate, Ist Class, Banka in connection with Chandan P.S. Case No.66/2014 with condition that one of the bailors must be his father. Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown to the satisfaction of court below then the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T