Patna High CourtCR. MISC./31913/2024bail granted

Manoj Kumar v. The State Of Bihar

2024-04-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31913 of 2024 Arising Out of PS. Case No.-676 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Manoj Kumar S/o Ram Chandra Sah Resident of Village Prasidh Nagar, Police Station Vaishali, District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratik For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kudhni P.S. Case No. 676 of 2023 instituted for the offences punishable under Sections 420, 489(B), 489(C), 468, 471/34 of the Indian Penal Code.

3. As per prosecution case, there has been recovery of total 9 counterfeit notes of Rs. 50/- from the possession of the petitioner.

Patna High Court CR. MISC. No.31913 of 2024(2) dt.25-04-2024 2/3

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Only on the basis of suspicion, petitioner has been implicated in the present case by the police. Petitioner has no concern with the alleged recovery of counterfeit notes. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. The petitioner is in custody since 06.12.2023 and has one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kudhni P.S. Case No. 676 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.31913 of 2024(2) dt.25-04-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T