IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16696 of 2011
Manoj Kumar Yadav
Versus
The State Of Bihar
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4 17-08-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the state.
Petitioner is not named in the First Information
Report but in course of investigation, it came to light that two
looted mobiles were recovered from possession of the
petitioner and furthermore, on the basis of confessional
statement of the petitioner, the looted motorcycle was
recovered from a garage.
The contention of learned counsel for the petitioner
is that the petitioner is an employee of T. S. Roadways
Company and had the petitioner participated in the alleged
crime, he would have certainly been identified by the
informant. It is further contended by him that uptill now, the
petitioner has not been put on Test Identification Parade. On
the otherhand, learned counsel for the prosecution points out
that the petitioner carries criminal antecedent of two cases.
Even if the prosecution story assumed to be true,
then also, at best, section-412 of the Indian Penal Code is
applicable against the petitioner.
Accordingly, the petitioner namely, Manoj Kumar
Yadav is directed to be released on bail on furnishing bail bond
2
of Rs 10,000/- (ten thousand) with two sureties of the like
amount each in connection with Kursela P.S. Case No. 94 of
2010 to the satisfaction of Chief Judicial Magistrate, Katihar.
AKV/- ( Hemant Kumar Srivastava,J.)