Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4289 of 2017 Arising Out of PS.Case No. -4 Year- 2012 Thana -KOCH District- GAYA ======================================================

1. Manoj Yadav Son of Hardeo Yadav Resident of Village- Khaira, Police Station- Konch, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 The petitioner is in custody since 29.10.2016 in connection with Konch P.S. Case No. 04 of 2012, registered for offences punishable under Sections 395 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him. It has further been submitted that no recovery has been made from the possession of the petitioner and uptil now no Test Identification Parade has been conducted and he has been made accused in this case as he has criminal antecedents. Further the petitioner has been in judicial custody for about six months. Heard learned A.P.P. also.

Having heard both sides, no doubt petitioner has many criminal antecedents but in the present case, petitioner's name transpired only on the basis of confessional statement of coaccused and except that there is nothing against the petitioner, as

Patna High Court Cr.Misc. No.4289 of 2017 (3) dt.18-04-2017 2/2 such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya, in connection with Konch P.S. Case No. 04 of 2012,subject to the following conditions:- (i) One of the bailors of the petitioner shall be a close relative having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T