Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16414 of 2023 Arising Out of PS. Case No.-735 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== Manoj Kumar Son Of Sri Ram Dayal Singh R/O Mohalla- Ashok Nagar Road No.08b, P.S.- Kankarbagh, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Patrakar Nagar P.S. Case No. 735 of 2022 lodged under Sections 467, 468, 477(A), 420 & 423 of the I.P.C. As per the prosecution case, upon secret information, the raid has been made at the said house in which two persons were working. One person has disclosed his name as Manoj Kumar and another person has disclosed his name as Ashutosh Kumar who is Assistant Executive Circle Office, Sampatchak. There were series of documents found and land owner has disclosed that the said house has been taken on rent by the

Patna High Court CR. MISC. No.16414 of 2023(3) dt.05-06-2023 2/3 Assistant Executive Circle Office, Sampatchak on monthly rent. There were series of documents, machines as well as different materials found by virtue of which it has been alleged that the petitioners who are not Government staff used to do illegal government work with the help of Assistant Executive Circle Office, Sampatchak.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that petitioner is in custody since 20.11.2022 having clean antecedent.

Counsel further submits that the petitioner has been made scapegoat in the present case. He submits that the mobile which is in his name, was recovered from his possession as well as cash has also been recovered. Counsel submits that he is the owner of the said mobile.

Counsel further submits that the entire F.I.R. has been lodged on the basis of suspicion only. Nothing specific has been made against the present petitioner.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner and others that they were doing the government work illegally and the seized materials is itself evidence by which the

Patna High Court CR. MISC. No.16414 of 2023(3) dt.05-06-2023 3/3 allegation made in the F.I.R. appears to be true. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. Trial Court is directed to release the petitioner thereafter, imposing its own condition so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T