Patna High CourtCR. MISC./23623/2017bail granted

Manish Kumar Yadav v. The State Of Bihar

2017-07-20Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23623 of 2017 Arising Out of PS.Case No. -101 Year- 2008 Thana -GOGRI District- KHAGARIA ====================================================== Manish Kumar Yadav son of Vishnudev Yadav resident of village - Shishwa, P.S. - Gogri, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bharat Bhushan For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Gogri P.S. Case No. 101 of 2008 registered for offences under sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

In the present case, the F.I.R. has been lodged by a Constable alleging that a motorcycle was standing in the middle of the road and traffic was stopped. The Informant was in the jeep and asked the reason for keeping the motorcycle on road as it is causing inconvenience to the commuters. In the meantime, 4-5 persons came there and started assaulting him by fat and fist on his head.

Patna High Court Cr.Misc. No.23623 of 2017 (2) dt.20-07-2017 The First Information Report has been lodged on 26.7.2008 against Rikesh Yadav and 4-5 unknown persons. Learned counsel for the petitioner submits that the name of the petitioner is not there in the First Information Report. Looking to the entire facts and circumstances of the case, let the petitioner, namely, Manish Kumar Yadav, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, III, Khagaria in connection with Gogri P.S. Case No. 101 of 2008 (G.R. No. 1167 of 2008) subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shivaji Pandey, J) Rishi/- U T