Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70834 of 2018 Arising Out of PS. Case No.-47 Year-2017 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== Manoj Yadav, Son of Rajendra Yadav, Resident of Village- Alakhpura, Police Station- Gidhour, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Irshad, Advocate For the Opposite Party/s :

Mr. Sri Nirmal Kumar Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with G.R.P.S. Jhajha Case No. 47 of 2017 registered for the offences punishable under Section 392 of the Indian Penal Code.

Informant has alleged that while he was going Kolkata from Patna, between Jhajha and Gidhour two criminal committed train robbery with the passengers, Allegation against petitioner is that the SIM in the name of the petitioner was being used in one of the looted mobile of said train robbery. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case. He had given his SIM in good faith to his relative and there no any other incriminating material

Patna High Court Cr.Misc. No.70834 of 2018(2) dt.10-12-2018 2/2 found against petitioner. He has no criminal antecedent and he is in custody since 21.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rail Kiul, Lakhisarai in connection with G.R.P.S. Jhajha Case No. 47 of 2017, subject to conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner will co-operate in the trial and shall be properly represented on each and every date fixed by the court and will remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond will be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/ManojU T