Mani Shankar Kumar @ Manishankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26836 of 2024 Arising Out of PS. Case No.-131 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

Mani Shankar Kumar @ Manishankar Singh Son of Ramnath Singh Resident of Village- Gharbara, P.S.- Supi, Dist.- Sitamarhi 2.

Mira Kumari @ Nira Kumari Wife of Manishankar Singh @ Mani Shankar Kumar Resident of Village- Gharbara, P.S.- Supi, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2024 Heard learned counsel for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 379, 420, 406, 506, 504, 120-B of the IPC.

3.

As per the F.I.R., the petitioner no.1 along with his wife (petitioner no.2) and other co-accused persons, committed conspiracy and misappropriated the amount given to them for the purpose of running the N.G.O. When the informant demanded the amount given to him, the petitioner assaulted the informant.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.26836 of 2024(2) dt.01-05-2024 2/2 motive. It is submitted that earlier the petitioner no.1 has filed a case against the informant with the allegation that the informant being the then President of the N.G.O. has misused the cheque and when the petitioners received notice for dishonour of the cheques, they filed case against the informant and others. Thereafter, the present case has been filed by the informant to pressurise the petitioner's side to withdraw the case filed by them. There is no specific overt act against the petitioners and they have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kundwa Chainpur P.S. Case No.131 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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