Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1630 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Manoj Kumar Yadav Son Of Sib Narayan Yadav @ Sibu Yadav R/VKamalabari, Pipratol, Ward No. 5, P.S- Jainagar, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 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 connection with Jainagar P.S. Case No. 234 of 2022 registered under sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. Allegation against the petitioner along with coaccused persons is that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, one Realme mobile was recovered from the possession of the petitioner. Further, some arms and mobiles were recovered from other coaccused persons. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1630 of 2023(2) dt.28-03-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ill motive of police. It is further submitted that no arms and ammunition have been recovered from the possession of the petitioner except one mobile phone. He has no concern with the alleged motorcycle and seized arms. There is no consistent material came against him to implicate in this alleged offence. He is languishing in judicial custody since 22.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jainagar P.S. Case No. 234 of 2022 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 Chief Judicial Magistrate, Madhubani.

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