Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76171 of 2023 Arising Out of PS. Case No.-309 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Manoj Yadav Son Of Darogi Rai R/O Vill - Bengari, P.S. - Ghorasahan, Distt. - East Champaran, Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B), 201/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons insisted the son of informant, namely, Shahjad Ansari to attend a wedding function (Barat). He went to attend the said Barat but did not return. On search, his dead body was found.

Patna High Court CR. MISC. No.76171 of 2023(3) dt.27-02-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no eye witness of the alleged offence. The name of petitioner sprang up in this case merely on the basis of suspicion. At best, it can be said that it is a case of last seen. It is further submitted that petitioner lives in Nepal for his livelihood and he has come to the house few days back. He is not involved in the alleged offence. Moreover, the petitioner is languishing in judicial custody since 18.09.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ghorasahan P.S. Case No. 309 of

Patna High Court CR. MISC. No.76171 of 2023(3) dt.27-02-2024 3/3 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikarhana, Dhaka at Motihari, East Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T