Manohar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47331 of 2019 Arising Out of PS. Case No.-207 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

MANOHAR YADAV Son of Preman Yadav Resident of Village - Kathokari, P.S.- Walisaliganj, Distt - Nawada.

2.

Sanoj Yadav Son of Preman Yadav Resident of Village - Kathokari, P.S.- Walisaliganj, Distt - Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the informant.

Petitioners, who are in custody, seek bail in connection with Sessions Trial No. 147 of 2018 arising out of Warisaliganj P.S. Case No. 207 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307,302 of the Indian Penal Code and 27 of Arms Act. Petitioners have earlier moved this Court for regular

Patna High Court CR. MISC. No.47331 of 2019(2) dt.07-08-2019 2/3 bail vide Criminal Miscellaneous No. 66061 of 2018 which was rejected on 10.01.2019 with a liberty to renew their prayer for bail after completing one year in custody.

It has been submitted on behalf of petitioners that they are innocent and have been falsely implicated in this case. Petitioners have no criminal antecedent and are in custody since 26.06.2018.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioners. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Nawada, in connection with Sessions Trial No. 147 of 2018 arising out of Warisaliganj P.S. Case No. 207 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two

Patna High Court CR. MISC. No.47331 of 2019(2) dt.07-08-2019 3/3 consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bonds.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/- U T