Manish Jaiswal @ Manish Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46528 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== MANISH JAISWAL @ MANISH KUMAR JAISWAL S/o LATE ISHWAR DAYAL GUPTA R/o VILLAGE/MOHALLA-RUPGANJ, P.S-CHAPRA TOWN, DISTRICT-SARAN (CHAPRA).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Soni Shrivastava, Adv.

Mr. Vinod Kumar Seth, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 467, 468, 120B and 34 of the Indian Penal Code.

As per the prosecution case, the allegation against Sujit Sinha gang is of extortion of money. Further in course of investigation, it transpired that the accused persons including Vijay Kumar and the petitioner herein were involved in interpolating documents, Adhaar Cards etc. and after manipulating the Sim Cards of the mobile phones were selling the same at high prices and the said Cards were being used for illegal purposes including demand of extortion money etc.

Patna High Court CR. MISC. No.46528 of 2021(2) dt.04-02-2022 2/3 It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 26.11.2020 (Annexure-P/1) passed in Cr. Misc. no.14092 of 2020 with the observation that the same was being rejected for the present. Inspite of the petitioner having remained in custody since 9.1.2020, as per the instructions received, there is no progress in the learned trial court. The petitioner undertakes to cooperate in the trial. It is submitted that subsequent to earlier rejection of bail of the petitioner, by order dated 28.7.2021, co-accused Vijay Kumar has been enlarged on bail in Cr. Misc. no.7789 of 2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for more than 2 years and grant of bail to co-accused Vijay Kumar, the Court directs the petitioner to be enlarged on bail in connection with Chapra Town P.S. Case no.20 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chapra on the conditions that the petitioner shall remain present in the learned trial court on each date and shall

Patna High Court CR. MISC. No.46528 of 2021(2) dt.04-02-2022 3/3 cooperate in the trial.

In case of the petitioner's absence on two consecutive dates for reasons not to the satisfaction of the learned trial court or in the event of the petitioner not cooperating in the trial, the learned trial court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Saurabh/- U T