Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35607 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== Manoj Yadav Son Of Shobhan Yadav Resident Of Village Mananpur Basti P.S Chanan District Lakhisarai ... Petitioner

Versus

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

For the Petitioner :

Mr.Dharmendra Kumar Raju, Advocate For the Opposite Party/s :

Smt. Veena Rani Pd. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that on 19.8.2019 at 9 am the informant and his brother, who used to work with the Mukhia of the area, were taking tea at his house. In the meantime, co-accused Rana Kumar Singh along with six unknown persons arrived there and Rana Kumar Singh resorted to firing causing spot death of informant's brother. Thereafter, other accused persons also made sporadic firing causing injury on the head and abdomen of his driver Chhotu who too died on the spot.

Learned counsel for the petitioner submits that the FIR is against said Rana Kumar Singh and six other unknown persons. There is general and omnibus allegation against the petitioner whose name has come in the case on the confessional statement of said co-accused. Several similarly situated coaccused have already been allowed bail by different coordinate benches of this Court vide orders detailed in

Patna High Court CR. MISC. No.35607 of 2020(2) dt.23-12-2020 2/2 paragraph 11 of the bail petition. Petitioner is in custody since 17.6.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Lakhisarai in Chanan Police Station Case No. 119/2019, GR No. 16861 of 2019, on the following conditions:-

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

(Prabhat Kumar Singh, J) Shashi U T