Mannu Yadav @ Manny Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47396 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Mannu Yadav @ Manny Yadav, Son of Sukhu Yadav, Resident of Village Mehadi Bigha, Police Station Chandi, district Nalanda. ....... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP For the Informant : Mr. Deepak Kumar Sinha ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of regular bail on behalf of the petitioner who is an accused in connection with Chandi PS Case No. 40 of 2015 for the alleged offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the accused persons surrendered the house of the informant and one Manoj Yadav is said to have opened fire which hit the sister of the informant, who died. It is submitted on behalf of the petitioner that there is no allegation of any overt-act against him and by an order dated

Patna High Court Cr.Misc. No.47396 of 2015 (2) dt.16-10-2015 2/2 12.8.2015, passed in Cr. Misc. No. 23417 of 2015, another accused Maheshwar Yadav has been granted regular bail by this Court. He has also submitted that the petitioner has no criminal antecedent and over and above the fact that the petitioner was also present at the place and time of occurrence, there is no specific allegation against him.

Learned counsel appearing on behalf of the informant has vehemently opposed the prayer for bail. However, considering the facts and circumstances of the case and the fact that the petitioner is in custody since 15.6.2015, this application is allowed. Let the petitioner above named, 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 learned Additional Sessions Judge, Hilsa, Nalanda in connection with Chandi PS Case No. 40 of 2015.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T