Manish Prabhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33786 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== MANISH PRABHAKAR Son of Nagesh Kumar Gautam Resident of Mohalla - Sidhrampur, P.S. - Banshi, Distt. - Arwal ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Vishnupad P.S. Case No. 43 of 2023 registered for the offence under Sections 406, 420, 467 and 468/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 08.02.2021.

The allegation against the petitioner is to cheat innocent people being agent of finance company, namely, M/s. Chola Finance Company. It is further alleged that several personal document like Aadhar Card, Voter Card, PAN Card, etc. of different people, were recovered from possession of this petitioner.

Patna High Court CR. MISC. No.33786 of 2023(2) dt.24-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that informant is not private person rather police personnel who merely out of suspicion raised present implication against petitioner. It is submitted that the petitioner was working as an agent prior to this occurrence with finance company namely, Chola Finance Company and out of certain differences developed during his service period, the present false implication was raised, making police instrumental. While concluding the argument, it is submitted that petitioner found involved in 02 more cases, where, he is on bail and moreover, investigation of this case has completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

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

Considering the facts and circumstances as mentioned above, as save and except recovery of personal documents of certain persons, nothing incriminating surfaced, which may suggest that the petitioner was involved in cheating coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 08.02.2023, let the petitioner, above named, is directed to be released on bail in connection

Patna High Court CR. MISC. No.33786 of 2023(2) dt.24-06-2023 3/3 with Vishnupad P.S. Case No. 43 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Gaya/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

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