Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20506 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -WAINA District- NALANDA (BIHARSHARIFF) ====================================================== Manoj Kumar, Son of late Narendra Kumar, Resident of Village- Manara, Post- Dharampur, Police Station- Noorsarai, District- Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar Verma, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 30.03.2017 in connection with Ben P.S. Case No. 165/16, G.R. No. 5321/16 for offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.
The prosecution case, as lodged on the written report of the Circle Officer, Ben, is that the petitioner while working as Revenue Karmchari in the said block has created jamabandi in the name of one Rinku Kumari, which was without any order of the Senior Officer and has issued fake receipt for the same.
It has been submitted by the learned counsel for
Patna High Court Cr.Misc. No.20506 of 2017 (4) dt.21-06-2017 2/3 the petitioner that the rent receipts were issued by earlier Revenue Karmchari Naiyar Alam and Ajay Kumar and the petitioner has also issued rent receipt without verifying the details and at best it would amount to negligence. It is further submitted that the charge-sheet has already been submitted against the petitioner, hence, there is no chance of tampering with the prosecution evidence.
However, learned APP for the State vehemently opposes the prayer for bail stating therein that the petitioner is a government servant and as per the case diary several witnesss have supported the prosecution case alleging about the illegal acts of the petitioner.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Ben P.S. Case No. 165/16, subject to the condition that the petitioner will cooperate with the investigation if pending, provide all necessary papers with regard to the aforesaid case and that the petitioner will appear before the learned court below on each and every date and failure to appear on two consecutive
Patna High Court Cr.Misc. No.20506 of 2017 (4) dt.21-06-2017 3/3 dates without assigning any reason will entail cancellation of his bail bonds.
Rajesh/- (Nilu Agrawal, J) U T