Manish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58099 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== MANISH KUMAR YADAV Son of Vijay Yadav R/O - Ratanpur, P.S.- Manihari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 The petitioner seeks regular bail in connection with Muffasil P.S. Case No.. 100 of 2019, registered for offences punishable under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that the informant was informed by the owner of cold storage that his brother Awadhesh Kumar Mishra has been killed by unknown miscreants, thereafter, the informant went to the place of occurrence and found his brother dead having received gun shot injury in his abdomen. It appears petitioner is not named in the F.I.R., his name transpired in this on confession as well as on suspicion.

It has been submitted on behalf of the petitioner that save and except confession, there is absolutely nothing against the petitioner and even according to confession, the petitioner is

Patna High Court CR. MISC. No.58099 of 2019(3) dt.08-01-2020 2/2 not the assailant and he has been in custody for more than eight and half months and co-accused Prakash Yadav against whom, some witnesses have stated about his involvement, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 27.09.2019 passed in Cr. Misc. No. 42507 of 2019. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Muffasil P.S. Case No.. 100 of 2019, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

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