Rakesh Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7694 of 2024 Arising Out of PS. Case No.-35 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== Rakesh Kumar Manjhi S/o Sita Ram Manjhi R/o Vill - Karnpura (Karanpura) (Kanpura), P.S. - Manjhagarh, Dist. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Singh, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Dhanaha P.S. Case No. 35 of 2022 dated 13.02.2022 registered for the offence/s punishable u/ss 420, 467, 468, 471/34, 409 of the Indian Penal Code.

3. As per the prosecution case, the co-accused Joshep Kujoor withdrew the amount of Rs. 15,55,000/- from Madhya Gramin Bank illegally by making forged voucher. It is further alleged that Rs. 50,000/- was deposited in the account of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated

Patna High Court CR. MISC. No.7694 of 2024(2) dt.27-02-2024 2/3 in this case. It is further submitted that the petitioner has not defalcated any government money. The specific allegation of defalcating the said amount is against the co-accused person, Joshep Kujoor who has transferred the money to the petitioner's account. There is no allegation of withdrawal of money against the petitioner. The petitioner has one more criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 35 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.7694 of 2024(2) dt.27-02-2024 3/3 reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T