Manoj Kumar @ Mallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21062 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== Manoj Kumar @ Mallu Son Of Late Jagdish Prasad R/O Village -bhagwanpur, P.S.- Katrisarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bhola Prasad, Advocate For the State :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Giriyak (Katrisarai) P.S. Case No.86 of 2022 registered for the offence under Sections 419, 420, 467, 468, 471 of Indian Penal Code and Section 66(c) of the Information and Technology Act. The accused/petitioner is named in the F.I.R. and is in custody since 27.02.2022.

The allegation against the petitioner is to have in possession of Aadhar card, Voter ID card, PAN card, mobile

Patna High Court CR. MISC. No.21062 of 2022(3) dt.30-11-2022 2/3 sim, order sheet of different companies and bank account number of different customers etc., without having any just explanations.

Learned counsel appearing on behalf of the petitioner submitted that alleged documents were recovered from the house of this petitioner, which is occupied by other family members and, as such, it can be safely gathered that the recovery of these documents was not made from the conscious physical possession of the petitioner. It is also submitted that seizure list appears doubtful, being not supported by independent witnesses rather by police personnel. While travelling over the argument it is submitted that compliance of Section 100(4) of Cr.P.C. was not made in the present case, while searching the house. It is also submitted that there is no allegation of cheating or any complaint of private person available against this petitioner. While concluding the argument, it is submitted that petioner is a man of clean antecedent and, moreover investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

Patna High Court CR. MISC. No.21062 of 2022(3) dt.30-11-2022 3/3 In view of the facts and circumstances as mentioned above as the recovery of copy of alleged documents, not appears to be made from conscious physical possession of the petitioner in the background of doubtful seizure list coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Giriyak (Katrisarai) P.S. Case No.86 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biharsharif, Nalanda/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T