Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20313 of 2024 Arising Out of PS. Case No.-532 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== Manoj Kumar Son of Sri Jai Nandan Sharma R/O-Flat No. 503, Ram Jaipal Road, Near Ambedkar Dental College, Danapur, P.S.-RUPASPUR, Distt.- PATNA Pin-801503 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Roy, Adv For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Agamkuan P.S Case No. 532 of 2018 dated 28.07.2018 registered for the offence punishable u/s 182, 201, 229(a), 409, 420, 467, 468, 471/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have hatched conspiracy by giving wrong information and forged documents about the death of the father of the accused person namely Prem Sahni to Hon'ble High Court and secured provisional bail for appearance in the last ceremony of the father of the accused person Prem Sahani. The Hon'ble High Court granted bail to the accused
Patna High Court CR. MISC. No.20313 of 2024(2) dt.15-04-2024 2/3 persons in Cr. Misc. No. 42681 of 2018 in connection with Fathuha P.S. Case No. 164 of 2024 and directed the SHO, Agamkuan and City SP to depute a constable for keeping vigilance. It is further alleged that when the constable/informant went to the house of the Prem Sahani, he found that his father was alive, thereafter the informant gave information to the SHO and accordingly the FIR was registered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submits that the one co-accused namely Chandra Bhanu Prasad has already been granted Anticipatory Bail by the co-ordinate bench of this Court vide order dated 05.02.2019 passed in Cr. Misc. No. 66706 of 2018. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned,
Patna High Court CR. MISC. No.20313 of 2024(2) dt.15-04-2024 3/3 Patna City, in connection with Agamkuan P.S Case No. 532 of 2018, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) jyoti/- U T