Mannan Khan @ Munna Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25971 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Mannan Khan @ Munna Khan S/o Rafique Khan @ Niyaz Khan R/o vill - Arail, P.S. - Chainpur, Distt. - Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abdul Mannan Khan, Advocate Mr. Binay Kumar, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Chainpur P.S. Case No.336 of 2023 instituted under Sections 420 and 406 of the Indian Penal Code.
3. As per the prosecution case, on advice of co-accused Sukhu Kumar, account of the informant and others got opened at C.S.P. Centre to get work at steel plant to be opened in Mohania and thereafter some transactions were made fraudulently using those accounts. The allegation against the petitioner is that he was present along with co-accused Taikir Khan @ Taukir Khan at C.S.P. Centre when the said accounts were opened on their instructions.
Patna High Court CR. MISC. No.25971 of 2024(3) dt.17-05-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No allegation is made against the petitioner that he has contacted with the informant and others. The petitioner has neither given any instruction about opening of account and salary nor he has any steel plant. The only allegation against the petitioner is that he was present at the C.S.P. Centre. The accusation of overt act is not made against the petitioner. The petitioner has got no criminal antecedent and he undertakes to cooperate in the investigation. It is also submitted that similarly situated co-accused Taikir Khan @ Taukir Khan @ Diwan Tauqeer Khan has been granted anticipatory bail by this Court vide order dated 15.04.2024 passed in Cr.Misc.No.22936 of 2024.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released 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 Additional Chief
Patna High Court CR. MISC. No.25971 of 2024(3) dt.17-05-2024 3/3 Judicial Magistrate II, Kaimur at Bhabua in connection with Chainpur P.S. Case No.336 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T