Manoj Kumar @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48260 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== Manoj Kumar @ Manoj Yadav, Son of Late Rameshawar Yadav, Resident of Village - Bakhri Bazar, P.S.- Bakhri, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shaishav Kumar, Adv.

For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Khagaria (Rail) P.S. Case No. 23 of 2023 dated 17.02.2023 registered for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that as per the FIR, the accused persons who looted the informant's mobile phone are very young persons and as per the assessment of the age of accused persons made by the informant, their age is in between 20 and 22 years while the petitioner is 55 years old person and in this regard, the petitioner's son Akash Kumar Yadav aged about 27 years has sworn his affidavit with this petition and the said fact is

Patna High Court CR. MISC. No.48260 of 2023(2) dt.03-08-2023 2/3 sufficient to prove that the petitioner did not involve in the snatching of the mobile phone of the informant, in fact the petitioner run a tea shop and co-accused persons used to come at his shop and his mobile phone was old so he purchased a second hand mobile phone from one of the co-accused persons and at the time of purchasing, he had no knowledge of the said mobile phone being a looted one and he bonafidely purchased the same. Further submissions are that the petitioner has been languishing in jail since 12.03.2023 and against him the investigation has been completed and he has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the fact that the petitioner is stated to be 55 years old person while as per the age assessment of the accused persons made by the informant in the FIR, the accused persons' age was assessed between 20 and 22 years who committed the alleged occurrence of loot and the said age difference goes in favour of the petitioner and against him, the investigation has been completed and he has fair and clean antecedent, in my opinion in the said circumstances the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail

Patna High Court CR. MISC. No.48260 of 2023(2) dt.03-08-2023 3/3 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Khagaria (Rail) P.S. Case No. 23 of 2023.

(Shailendra Singh, J) annu/- U T