Manjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29130 of 2022 Arising Out of PS. Case No.-487 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MANJAY KUMAR SINGH S/o Bharat Prasad Singh @ Bharat Singh R/o Village- Pupari, P.S.- Kurhani, Dist- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Town P.S. Case No. 487 of 2021 registered for the offences punishable under Sections 420, 379, 467, 468, 120(B)/34 of the Indian Penal Code.
As per prosecution case, SIM card of informant was supplied to an impersonator which was misused for committing fraud and Rs. 22,40,000/- has been withdrawn from
2/4 the account of informant through online banking of Punjab National Bank. The FIR has been lodged against co-accused Santosh Anand, owner of Pranav Enterprises Prabhat Ranjan and other unknown person.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. During course of investigation co-accused Santosh Anand was apprehended by the police and in course of further investigation of the case the police apprehended four persons including the petitioner from one Hyundai I 10 car and some incriminating articles were also recovered from the said car. Petitioner is in custody since 15.08.2021 and bears criminal antecedent of six cases and all the cases are more or less of similar nature. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. He further submits that co-accused Santosh Anand has been granted bail by the co-ordinate Bench of this court vide Cr. Misc. No. 52533 of 2021 and the case of present petitioner stands more or less on better footing. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, nature of allegation, charge sheet has
3/4 been submitted in the case and there is no likelihood of tampering the evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 487 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he
4/4 shall get his presence marked in the concerned police station before the officer-in-charge on every first Tuesday of the month. (Alok Kumar Pandey, J) shahzad/- U T