Manoj Kumar @ Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7347 of 2020 Arising Out of PS. Case No.-291 Year-2017 Thana- SAHPUR District- Bhojpur ====================================================== Manoj Kumar @ Manoj Kumar Singh Son of Late Ramdeo Singh Resident of Village- Kurmuri, P.S.- Sikrahata, Distt- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Niwas Prasad, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner who is in custody since 9.12.2019 has filed the instant application for grant of regular bail in connection with Shahpur P.S. Case no. 291 of 2017 registered under sections 420,467,447,427 and 120B of the Indian Penal Code.

As per allegation in the FIR, the petitioner who happens to be the 'Rajasva Karamchari' in the circle office at Shahpur in District Bhagalpur is stated to have issued a rent receipt with respect to the land of the informant in favour of one Nathuni Yadav in order to give him unreasonable benefit.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the complaint which was subsequently registered as an FIR is false and incorrect. Neither the rent receipt is in writing of the petitioner nor does it contain his signature. Further even if a receipt is issued showing him to be payee of rent, it does not create

Patna High Court CR. MISC. No.7347 of 2020(4) dt.29-05-2020 2/2 any title nor any evidence of possession. It is submitted that the petitioner is a government servant and is in custody since 9.12.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation as made in the FIR and the petitioner being in custody since 9.12.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Shahpur P.S. Case no. 291 of 2017 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Bhojpur at Ara.

(Partha Sarthy, J) Prakash/- U