Manish Yadav @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60635 of 2024 Arising Out of PS. Case No.-525 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Manish Yadav @ Manish Kumar S/O Sri Umesh Yadav R/O Village- Anta Kothi, Near Sudha Dairy, P.S- Civil Lines, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rampur P.S. Case No. 525 of 2023 instituted for the offence under Sections 457, 380 & 411 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that theft of Rs. 50,000/- and several ornaments has been committed in the house of informant by unknown miscreants.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-01-2024. Petitioner bears six criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.60635 of 2024(2) dt.23-08-2024 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Aniket Kumar @ Vikash Kumar. It is submitted that petitioner was not put on T.I. Parade. Nothing has been recovered from the possession of the petitioner. Charge sheet has already been submitted in this case. Other co-accused has been allowed bail by this Court vide order dated 19-04-2024, passed in Cr. Misc. No. 30031 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity, manner of implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Rampur P.S. Case No. 525 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.60635 of 2024(2) dt.23-08-2024 3/3 family 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T