Manish Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18642 of 2020 Arising Out of PS. Case No.-820 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Manish Khan (male) aged about 24 years S/O Nashim Khan @ Nasim Khan R/O-Village-Harpur Bakas @ Harpur Box @ Harpur Baksh, P.S.-Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-11-2020 Heard Mr. Manish Chandra Gandhi, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 820 of 2019 registered for the offence under Section 420, 414, 467, 468, 469 and 471 of the I.P.C.

The allegation against the petitioner as per the First Information Report is that Police intercepted the motorcycle of the petitioner and recovered 5 A.T.M. Cards of different banks, Rs. 16,000/- in cash, silver colour Samsung Cell phone and one motorcycle without Registration No. It has further been alleged that on enquiry the petitioner did not give any satisfactory

Patna High Court CR. MISC. No.18642 of 2020(4) dt.10-11-2020 2/3 explanation regarding the A.T.M. Cards and the recovered motorcycle and also disclosed that he used to withdraw money from the Bank of other persons on the basis of the said A.T.M. Cards.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and there is no material to connect the petitioner with the present offence. Learned counsel further submits that no material has been collected against the petitioner during the course of investigation that the petitioner has withdrawn any amount from the A.T.M. Cards recovered from his possession. Learned counsel further submits that petitioner is in custody since 12.12.2019.

Having heard learned counsel for the parties and taking into consideration the materials available on record, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur / court concerned in connection with Hajipur Sadar P.S. Case No. 820 of 2019 subject to the following condition:-

Patna High Court CR. MISC. No.18642 of 2020(4) dt.10-11-2020 3/3 (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall be liable to be cancelled.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T