Manoj @ Bambam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34445 of 2017 Arising Out of PS. Case No.-104 Year-2006 Thana- BIRPUR District- Supaul ====================================================== Manoj @ Bambam Yadav, Son of Vikram Yadav, resident of VillageBhura, Police Station- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 27.11.2014 in connection with Birpur P.S. Case No. 104 of 2006 registered for the offence punishable under Sections 392 and 411of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that three criminals on a motorcycle intercepted his motorcycle and on gun point looted away his motorcycle. The informant identified one of the accused, namely, Dhiren Yadav. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report, no Test Identification Parade has been done so far and he is languishing in judicial custody for two and half years. He

Patna High Court Cr.Misc. No.34445 of 2017(3) dt.12-09-2017 2/3 submits that nothing has been recovered from his conscious possession and on the confessional statement of co-accused, Dhiren Yadav, he has been made accused. He submits that the said co-accused, Dhiren Yadav has already been acquitted after trial on 18.02.2016 in connection with the aforesaid case. He further submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. for the State vehemently opposes the prayer for bail stating therein that the petitioner is a veteran criminal and has been booked in as many as 16 cases, although acquitted in 12 cases.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Birpur (Supaul) in connection with Birpur P.S. Case No. 104 of 2006, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ Court, who will file an affidavit stating his relationship with the

Patna High Court Cr.Misc. No.34445 of 2017(3) dt.12-09-2017 3/3 petitioner and that petitioner will appear before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. It is also made clear that if, in future, petitioner indulges in an offence of similar nature, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T