Bhola Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9526 of 2024 Arising Out of PS. Case No.-451 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== Bhola Manjhi Son of Suraj Manjhi R/o vill - Jagatpur, P.S. - Lakdinabiganj O.P., Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Basantpur (Lakdinabiganj O.P) P.S. Case No. 451 of 2022 registered on 25.09.2022 lodged under Sections 406/409/420/34 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against four named accused persons including the petitioner to whom allegation is that the work of Ward No. 9 has not been completed even after taking money from the government exchequer.

4. Counsel for the petitioner submits that he has annexed the M.B book by which it becomes crystal clear that the work has been done and after inspection, the M.B. book has

Patna High Court CR. MISC. No.9526 of 2024(2) dt.20-02-2024 2/3 been filed up. Counsel submits that for Ward no. 2, bail has been granted to the other accused persons on being satisfaction. Counsel also submits that for Ward No. 9 also, all the work has been completed.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 11.06.2023 having no criminal case pending against him, in which he is on bail.

6. Learned counsel for the State opposes the prayer for bail and submits that provisional bail may be granted and trial Court may be directed that on being satisfied, provisional bail may be confirmed.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. X Siwan in connection with Basantpur (Lakdinabiganj O.P) P.S. Case No. 451 of 2022, subject to the following conditions laid down under Section 437 (3) of the Cr.P.C.

8. Petitioner is directed to provide documents before

Patna High Court CR. MISC. No.9526 of 2024(2) dt.20-02-2024 3/3 the Trial Court and on being satisfied, the trial Court shall confirm the provisional bail of the petitioner. All exercise must be completed within 90 days from the date of release. If the said document is not produced by the petitioner, the provisional bail shall be cancelled.

(Dr. Anshuman, J) Sunnykr/- U