Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77683 of 2018 Arising Out of PS. Case No.-206 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Manish Yadav S/o Rajniti Yadav, R/o Vill.- Barkhandi Tola, P.S.- Muffasil, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Khagaria Mufassil P.S. Case No. 206 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 448 of the Indian Penal Code and Section 27 Arms Act.

Allegation against the petitioner is of firing gun shot at the Informant which hit the Mare (Female Horse). It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to previous litigation. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 10.09.2018 in Criminal Miscellaneous No. 52379 of 2018 and 01.01.2018 in Criminal Miscellaneous No. 49821 of 2018. Petitioner is in custody since 06.09.2018.

Patna High Court Cr.Misc. No.77683 of 2018(3) dt.28-01-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagarai, in connection with Khagaria Mufassil P.S. Case No. 206 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(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) ranjan/- U