Manish Kumar Yadav @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1571 of 2024 Arising Out of PS. Case No.-42 Year-2023 Thana- PIPRA District- Supaul ====================================================== Manish Kumar Yadav @ Manish Kumar, son of Ramchandra Yadav @ Ram Yadav, Resident of Village- Kaushali Patti, Ward No. 07, P.S.- Pipara, DisttSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rupa Kumari, Advocate.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Heard Mrs. Rupa Kumari, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar No.2, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Pipra P.S. Case No. 42 of 2023 registered for the offence punishable under Sections 413 and 414/34 of the Indian Penal Code.

3. Allegation against the petitioner is that of snatching and stealing of motorcycle and the same was recovered from the possession of co-accused Ram Vilas Sah.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is not involved in either snatching or stealing the motorcycle or any vehicle. The

Patna High Court CR. MISC. No.1571 of 2024(2) dt.31-01-2024 2/2 allegations levelled against the petitioner are false and fabricated. Admittedly, the stolen motorcycle was recovered from one co-accused Rambilash Sah. The name of the petitioner has surfaced in the case on the disclosure made by the coaccused Rambilash Sah.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the F.I.R. and the fact that the recovery is from co-accused Ram Vilas Sah and the name of the petitioner has surfaced in the case on the disclosure made by the co-accused Rambilash Sah, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Supaul in connection with Pipra P.S. Case No. 42 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T