Manish Kumar @ Manish Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44424 of 2019 Arising Out of PS. Case No.-14 Year-2017 Thana- MADHEPURA District- Madhepura ====================================================== MANISH KUMAR @ MANISH KUMAR YADAV, aged about 25 years, (Male), Son of Bijen Yadav @ Bijendra Yadav, Resident of Village- Nado, P.S.- Sour Bazar, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Satyendra Narayan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-07-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Madhepura P.S. Case No. 14 of 2017 registered for the offences punishable under Section 392 of the Indian Penal Code.
Informant has alleged on 07.01.2017 while he was returning to his house on his motorcycle in the way three miscreants intercepted him and looted his motorcycle, a mobile set and certain papers kept in dicky of motorcycle at the point of pistol and fled away.
Patna High Court CR. MISC. No.44424 of 2019(2) dt.24-07-2019 2/3 Petitioner has earlier moved this Court for bail vide Cr. Misc. No. 80597 of 2018 which was rejected on 27.02.2019 with a liberty to renew his prayer for bail after completion of nine months in custody. Petitioner is in custody since 01.06.2019.
Considering the aforesaid facts and circumstances of the case and the observation made in order dated 27.02.2019 passed in Cr. Misc. No. 80587 of 2018, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 14 of 2017 with following conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.44424 of 2019(2) dt.24-07-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U T