Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6286 of 2020 Arising Out of PS. Case No.-34 Year-2016 Thana- DHANGAI District- Bhojpur ====================================================== MANOJ KUMAR YADAV, Son of Ghuran Yadav, Resident of Village - Bella, P.S.- Ara Muffasil, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Jee Mishra, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 395 and 364 of the Indian Penal Code.

As per FIR, some criminals, on a Bolero vehicle, intercepted the truck of the informant, carrying paddy and robbed the same inasmuch as took the truck on the point of fire arm to the referred rice mill and unloaded the paddy there. When the police came, accused started fleeing and three of them were apprehended and they disclosed name of accused petitioner who managed to escape.

Patna High Court CR. MISC. No.6286 of 2020(5) dt.03-06-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Neither petitioner was arrested nor any incriminating article recovered from his possession. The name of the petitioner has surfaced on the confessional statement of co-accused. Similarly placed co-accused have been granted bail by co-ordinate bench of this court vide order dated 02.05.2017 passed in Cr. Misc. No. 13266 of 2017, order dated 03.05.2017 passed in Cr. Misc. No. 21393 of 2017, order dated 13.06.2017 in Cr. Misc. No. 25615 of 2017, order dated 30.09.2019 in Cr. Misc. No. 36424 of 2019 and order dated 04.12.2019 in Cr. Misc. No. 70486 of 2019 respectively. Petitioner is in custody since 30.11.

2018 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dhangai P.S. Case No.

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the

Patna High Court CR. MISC. No.6286 of 2020(5) dt.03-06-2020 3/3 trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajiv U T