Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16413 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- SILAO District- Nalanda ====================================================== MANISH KUMAR S/O RAJENDRA PRASAD R/O VILLAGE- BARCHHI, P.O- GIRIYAK, P.S- GIRIYAK, DISTT.- NALANDA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K Agrawal, Sr. Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-03-2024 Heard learned Senior Counsel for the petitioner and the State.
2. The petitioner is apprehending arrest in connection with Silao P.S. Case No. 338 of 2023 instituted under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code lodged on 1.12.2023 by the informant, Shri Lal Mohammad.
3. As per the prosecution story, the following order in PIL in C.W.J.C. No. 15459 of 2014, after the amnesty was over, verification of certificates took place whereafter, it was found that the document produced by this petitioner is also fake. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that all the documents produced by him were genuine, however, unfortunately, during verification, the same were found to be
Patna High Court CR. MISC. No.16413 of 2024(2) dt.14-03-2024 2/3 fake and in that background, he has already put in his paper on 12.12.2023.
5. Considering the facts that FIR lodged, the petitioner will have to face the music, he has resigned, do not have criminal antecedent, this Court is inclined to extend him privilege of anticipatory bail.
6. Let the petitioner be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Silao P.S. Case No. 338 of 2023 to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.16413 of 2024(2) dt.14-03-2024 3/3 (iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T