Manish Kumar Alias Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36030 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- JAMHOR District- Aurangabad ====================================================== MANISH KUMAR ALIAS MANISH YADAV, S/O NARMADESHWAR SINGH ALIAS DUL YADAV RESIDENT OF VILLAGE - RATNAUR, P.S. - JAMHORE, DISTRICT - AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr. Md. Aslam Ansari For the Opposite Party No. 2 :

Ms. Mukul Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-01-2021 Heard Mr. Krishna Prasad Singh, learned senior Advocate for the petitioner; Ms. Mukul Kumari, learned counsel for the informant; and Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in connection with Jamhore P. S. Case No. 23 of 2020, dated 17.04.2020, instituted for offences under Sections 302, 307, 341, 323, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

The brother of the informant is stated to have been killed at the hands of the accused persons including

Patna High Court CR. MISC. No.36030 of 2020(2) dt.27-01-2021 2/3 the petitioner.

The learned counsel for the petitioner however has stated that from the F.I.R., it becomes very clear that the petitioner has not been attributed with the act of assaulting the deceased. He is alleged to have assaulted the informant on his head by means of Lathi causing simple injuries on his person.

The petitioner is in custody since 17.04.2020. Ms. Mukul Kumari, learned Advocate for the informant has, however, opposed the grant of bail on several grounds including that the petitioner was part of the mob and the entire family of the petitioner participated in the occurrence in which the brother of the informant died.

Regard being had to the nature of accusation and the period of custody of the petitioner, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.36030 of 2020(2) dt.27-01-2021 3/3 Chief Judicial Magistrate, Aurangabad, in connection with Jamhore P. S. Case No. 23 of 2020.

The petition stands allowed.

However, it is cautioned that in case the petitioner tries to tamper with the evidence or threatens the witnesses or does anything to impeded the process of trial, his bail would be rendered liable to be cancelled. If the case goes to trial, the absence of the petitioner from the trial proceedings on two consecutive occasions without obtaining the permission of the trial court, his bail would be rendered liable to be cancelled. In that event, necessary orders shall be passed by the learned trial court for cancellation of the bail of the petitioner.

(Ashutosh Kumar, J) skm/- U T