Manoj @ Manoj Yadav @ Bambam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15315 of 2017 Arising Out of PS.Case No. -122 Year- 2014 Thana -RANIGANJ District- ARRARIA ====================================================== Manoj @ Manoj Yadav @ Bambam Yadav son of Vikram Yadav @ Vikram Prasad Yadav resident of village Mura, P.S. Triveniganj, District Supaul.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Sri Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2.

13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 16.07.2014 in connection with Raniganj P.S. Case No. 122 of 2014/G.R. No. 1974 of 2014 registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and U/S 414 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that on a tip off a raiding party was constituted and petitioner along with two others was apprehended. From the possession of petitioner one pistol with eight cartridges and fifteen round cartridges and a Nokia Mobile phone were recovered. From other co-accused, country made pistol and live cartridges were recovered.

Patna High Court Cr.Misc. No.15315 of 2017 (2) dt.13-04-2017 It has been submitted by the learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in the aforesaid case.

It is submitted by learned counsel for the petitioner that petitioner is rotting in jail since nearly three years, while other two accused have been granted the privilege of bail by a coordinate Bench of this court in Cr. Misc. No. 45485/2014 and Cr. Misc. No. 6429/2015 on 30.01.2015 and 27.02.2015 respectively.

Learned counsel for the petitioner further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Araria, in connection with Raniganj P.S. Case No. 122 of 2014/G.R.

Patna High Court Cr.Misc. No.15315 of 2017 (2) dt.13-04-2017 No. 1974 of 2014, subject to condition that petitioner will appear before the police/court on each on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Rajeev/- U T