Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55335 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- CHAKAI District- Jamui ====================================================== Manoj Yadav S/O Govind Prasad Yadav R/O Village- Lodhratari, P.SBengabad (Hengabad), Distt.- Giridih, State- Jharkhand. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chakai P.S. Case No. 55 of 2024 instituted for the offences under Sections 394/34 of the Indian Penal Code.
3. As per prosecution case, three accused persons accosted the informant while he was on his way and on the point of pistol, they snatched his motorcycle. On ruckus, one of the co-accused was apprehended by the help of local villagers.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.55335 of 2024(2) dt.14-08-2024 2/3 against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. Name of the petitioner has transpired on the basis of apprehended coaccused person, namely, Abhishek Kumar. It is next submitted that petitioner was not put on T.I. Parade. Petitioner bears clean antecedent and is in custody since 25-05-2024.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chakai P.S. Case No. 55 of 2024, subject to the following condition/s :- (I) One of the bailor(s) shall be the own/close family members of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.55335 of 2024(2) dt.14-08-2024 3/3 consecutive dates, the trial court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) rishi/- U T