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Patna High CourtCR. MISC./83562/2023allowed

Manoj Yadav v. The State Of Bihar

2024-01-18Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83562 of 2023 Arising Out of PS. Case No.-187 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== Manoj Yadav, Son Of Sudin Yadav, Resident Of Village- Bahadurpur, Ward No. 6, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Maheshkhunt P.S. Case No. 187 of 2022 for the offence registered under Sections 302, 201, 120(b)/34 of the I.P.C. and Section 27 of the Arms Act.

3. As per prosecution case, the son of the informant after loading chhai on the vehicle left from Barauni NTPC to Jalpaiguri with his associate driver and they were killed in the way by some unknown persons and their body were lying near Maranchi Bahiyar.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.83562 of 2023(2) dt.18-01-2024 2/3 petitioner is innocent and has been falsely implicated in the present case due to previous enmity between informant and the petitioner as both are the workers of the same company. He has further submitted that the name of the petitioner transpired in the confessional statement of co-accused Sudin Yadav @ Pahalwan who has already been granted regular bail by a coordinate Bench of this Court vide order dated 12.05.2023 passed in Cr. Misc. No. 33068 of 2023. He further submits that the other co-accused persons namely Rahul Kumar and Sonu Kumar have already been granted regular bail by this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 40901 of 2023 and Cr. Misc. No. 40887 of 2023. Petitioner has voluntarily surrendered on 23.03.2023 and he is in jail custody since then. Petitioner has no criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.83562 of 2023(2) dt.18-01-2024 3/3 concerned court below in Maheshkhunt P.S. Case No. 187 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T