Manoj Kumar @ Baida v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5179 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- MANPUR District- Nalanda ====================================================== MANOJ KUMAR @ BAIDA SON OF LATE OM PRAKASH PRASAD @ LATE OM PRAKASH MAHTO R/O VILLAGE- PALNI, P.S.- MANPUR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr.Ranvijay Singh, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Manpur P.S. Case No. 265 of 2022, registered for the offences punishable under Sections 419, 420, 467, 468, 471 of the IPC and section 66(C), 66(D) of I.T. Act. As per allegation, some mobile sets, some sale deeds and cash of Rs. 6,70,000/- were recovered from the house of the petitioner. He was also involved in the cyber crime. The learned senior counsel Sri Ramakant Sharma has submitted that the things recovered from the house of the petitioner does not suggest that he was involved in cyber crime.

Patna High Court CR. MISC. No.5179 of 2023(3) dt.15-05-2023 2/3 There is no incriminating material recovered from the house of the petitioner. He has submitted further that not a single person, who is alleged to be cheated, had come forward to corroborate the allegation made in the FIR. He has also submitted that except police personnel, there is no any independent witness. On the other hand, the learned APP Sri Ram Priya Sharan Singh though opposed the prayer for bail but fairly admitted that not a single person, who is said to have been cheated, came forward to substantiate the allegation. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 5, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 265 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall appear physically before the learned court below on each and every date till framing of the charges. In case of failure on two consecutive dates

Patna High Court CR. MISC. No.5179 of 2023(3) dt.15-05-2023 3/3 without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T