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Patna High CourtCR. MISC./83331/2024allowed

Manoj Kumar @ Manoj Rai @ Manoj Kumar Yadav v. The State Of Bihar

2025-02-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83331 of 2024 Arising Out of PS. Case No.-181 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== Manoj Kumar @ Manoj Rai @ Manoj Kumar Yadav S/O Jaddu Rai @ Jadu Rai @ Yadu Rai R/O Village- Sidhi Ghat, Diwan mohallah, P.S- Khajekalan, Distt.- Patna (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Smita Kumari, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 365, 385 & 387/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner in association of other co-accused is said to have killed the son of the informant.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. It is further submitted that there is no eye-witness in the present case and there is no allegation against the petitioner of

Patna High Court CR. MISC. No.83331 of 2024(2) dt.04-02-2025 2/2 tempering with the evidence. It is further submitted that during course of investigation of the alleged incident, the police has not found any evidence or material against the petitioner. The petitioner has two criminal antecedents and has been languishing in custody since 18.12.2023.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts and circumstances of the case as well as the fact that there is no direct allegation against the petitioner and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Khajekala P.S. Case No.181 of 2022, subject to the condition that the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) Trivedi/- U T