Patna High CourtCR. MISC./7316/2024bail granted

Manish Kumar v. The State Of Bihar

2024-02-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7316 of 2024 Arising Out of PS. Case No.-1205 Year-2023 Thana- DANAPUR District- Patna ====================================================== Manish Kumar, Son of Rabindra Prasad Resident of Gadhpar, Police StationBihar Sharif, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Danapur P.S. Case No. 1205 of 2023, lodged on 11.09.2023 under Sections 419, 420, 34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against two named accused persons including the present petitioner. The allegation against the petitioner is that he was trying to appear in the examination of other accused person, but he was caught at the gate of the examination center.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the antecedent of the petitioner is clean and he is in custody since 11.09.2023. Counsel further submits that

Patna High Court CR. MISC. No.7316 of 2024(2) dt.17-02-2024 2/2 ingredients of offence under section 420 of the IPC is not attracted and only section 419 of the IPC is there.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the allegation made in the FIR, it is very much clear that the ingredients of offence under section 420 of the IPC is present in this case.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateI, Danapur, Patna in connection with Danapur P.S. Case No. 1205 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T