Manish Yadav @ Ugen Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72966 of 2019 Arising Out of PS. Case No.-511 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== MANISH YADAV @ UGEN YADAV Son of Virendra Yadav @ Virender Yadav Resident of Village - Diwari, P.S.- Saharsa (Sonbarsa Kachahri), District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Saharsa Sadar (Sonbarsa Kachahari O.P.) PS case no. 511 of 2019 instituted for the offence punishable under Sections 399, 400, 401, 402, 411, 412, 414 of Indian Penal Code and Sections 25(1-B)a, 26, 35 of Arms Act.

The allegation is regarding recovery of stolen motorcycle from the petitioner.

The learned counsel for the petitioner has submitted that another criminal case bearing Saharsa Sadar (Sonbarsa Kachahari O.P.) PS case no. 505 of 2019 has been registered against the accused persons of the said case with

Patna High Court CR. MISC. No.72966 of 2019(2) dt.14-01-2020 2/3 regard to theft of motorcycle and recovery of arms from the rest accused persons and during the course of interrogation of one of the co-accused of the said case namely Binit Kumar, it transpired that stolen motorcycle was recovered from the Bhushaghar which does not belong to the petitioner. It is further submitted that the petitioner is innocent, has been falsely implicated in the present case and if at all, the stolen motorcycle is to be considered as a factor while considering the prayer of bail of the petitioner, the same is required to be considered with regard to other case i.e. Saharsa Sadar (Sonbarsa Kachahari) PS case no. 505 of 2019, however the said fact would not be relevant for the purposes of consideration of the present bail petition i.e.

with regard to Saharsa Sadar (Sonbarsa Kachahari) PS case no. 511 of 2019 is concerned. It is further submitted that the petitioner is languishing in custody since 20.06.2019. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court CR. MISC. No.72966 of 2019(2) dt.14-01-2020 3/3 Magistrate, Saharsa in connection with Saharsa Sadar (Sonbarsa Kachahari) PS case no. 511 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T