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Patna High CourtCR. MISC./14838/2020allowed

Manoj Kumar v. The State Of Bihar

2020-07-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14838 of 2020 Arising Out of PS. Case No.-71 Year-2019 Thana- RAJIVNAGAR District- Patna ====================================================== Manoj Kumar, Male, aged about 46 years, Son of Ram Surat Prasad, Resident of Mohalla - Kurji, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagdish Prasad Singh, Advocate For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-07-2020 Heard the parties through the virtual court proceeding. The petitioner apprehends his arrest in connection with Rajiv Nagar P.S. Case No. 71 of 2019 registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code and Section 3 of the Prevention of Damage of Public Property Act.

Prosecution case is that the informant who is Executive Engineer of the Housing Board found the petitioner constructing pillars in the land of the Housing Board. Learned counsel for the petitioner submits that the petitioner is execut or of construction work and not the owner of the alleged land. The petitioner is a labour contractor and someone demanded labour from him and petitioner sent two labourers as per demand. He further submits that similarly

Patna High Court CR. MISC. No.14838 of 2020(2) dt.09-07-2020 2/2 situated co-accused has been granted bail by this Co-ordinate Bench of this Court vide order dated 21.08.2019 passed in Cr. Misc. No.52146 of 2019.

Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate3rd, Patna in connection with Rajiv Nagar P.S. Case No. 71 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T