Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71913 of 2024 Arising Out of PS. Case No.-361 Year-2024 Thana- RUPASPUR District- Patna ====================================================== Manish Yadav Son of Bhushan Yadav Resident of Village- Milkipar, Police station- Noorsarai, Dist- Nalanda , Presently Mohalla- Anishabad West of Beur Jail in the house of Sipahi jee, Ps- Beur Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. According to the case of prosecution, it is alleged by the informant that he reached Danapur from Chennai in the morning on 08.06.2024 and was going towards Mithapur bus stand on a tempo but the tempo driver took him in the wrong way and stopped the tempo and he called his three friends there and snatched Rs. 5,000/- each from Aman Sardar(informant) along with two passengers, namely, Manoj Kumar Mandal and Pawan Kumar Sardar. Thereafter, they tried to flee from there

Patna High Court CR. MISC. No.71913 of 2024(2) dt.05-10-2024 2/3 but with the help of locals, the petitioner was caught while his associates were managed to escape from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that though, there is allegation against the petitioner of taking away the alleged amount from the passengers of the auto but altogether Rs. 1300/- was recovered from the possession of the petitioner. He is a tempo driver and the recovered cash belongs to him. A statement has been made in para-3 of this petition that the petitioner has no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by the trial Court. Moreover, the petitioner is languishing in judicial custody since 09.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rupaspur P.S. Case No. 361 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.71913 of 2024(2) dt.05-10-2024 3/3 each to the satisfaction of learned A.C.J.M.-1, Danapur. (Ashok Kumar Pandey, J) shubham/- U T