Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6159 of 2020 Arising Out of PS. Case No.-1184 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MUNNA KUMAR Son of Baccha Rai Resident of Village-Balwant Tola, P.SDoriganj, District-Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 406 of the Indian Penal Code, registered in connection with Complaint Case No. 1184 (C) 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with an agreement for sale of land by co-accused Vishnu Dayal to the complainant for which the petitioner is alleged to have received a sum of Rs. 2,00,000/-. It is submitted that in any event the transaction is purely of civil nature. There is inordinate delay in fling of the complaint on 17.09.2018 whereas the agreement was entered into between the said co-accused Vishunu Dayal and the complainant as far back as on 02.12.2013. The petitioner claims clean antecedents.

4. Learned counsel for the complainant appears suo motu and has been heard.

5. Be that as it may, in the event of petitioner's arrest

Patna High Court CR. MISC. No.6159 of 2020(2) dt.02-03-2020 2/2 or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Manish Kumar, learned J.M. 1st Class, Danapur (Patna) in connection with Complaint Case No. 1184 (C) 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T