Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24888 of 2017 Arising Out of PS.Case No. -88 Year- 2016 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Manoj Yadav, S/o Late Laxmi Yadav, resident of Village- Belahi West, P.S.- Jainagar, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukund Mohan Jha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 23.09.2016 in a case registered for offences punishable under Sections 341, 323, 324, 307, 34 and 506 of the Indian Penal Code and 27 of Arms Act.

The prosecution case is that while the informant was returning to home after eating betel from the market, three persons surrounded and assaulted the informant and tried to rob the informant with chura and when he tried to chase them, they fled away. Further submission of the informant in the F.I.R. is that two persons namely, Badri Yadav and Mukesh Yadav had threatened the informant to settle the land dispute, otherwise he would be killed.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.24888 of 2017 (3) dt.03-07-2017 2/2 that he is innocent and not named in the F.I.R. and has been falsely implicated on the basis of confessional statement of coaccused, Md. Jahangir, who has since been granted the privilege of bail by a Co-ordinate Bench of the Court passed in Cr. Misc. No. 16121/ 2017 dated 08.04.2017 He further submits that no Test Identification Parade has been done and charge sheet has already been submitted.

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

Considering the facts and circumstance of the case and materials on record , let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each the to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhubani in connection with Jainagar P.S.Case No. 88 of 2016 (G.R. No. 808 of 2016), subject to the condition that the petitioner will appear before the learned Court below during trial on each and every date and failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Sudha/- U T