Manjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39659 of 2024 Arising Out of PS. Case No.-13219 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Manjay Kumar Singh S/o Shri sunil Kumar Singh R/o Village- Mazar Gali, Sheikhpur, Rajabazar, P.s.-Shashtrinagar, dist.-Patna 2.

Anuj kumar S/o Shri Ajay Kumar singh R/o Flat No.-212, Shivnail apartment, Kasturba Path, Anandpuri, P.s.-Shrikrishnapuri, dist.-Patna, Pin800001 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt Shila Kumari W/o Late Mangori das R/o Nayanchak, Phulwari, P.s.- Phulwarisharif, District- Patna, Presently Posted as Peon(Sevika) Nalanda Medical College and Hospital, Patna-800007 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Apurv Harsh, Advocate :

Mr. Manu Tripurari, Advocate :

Ms. Jaya Singh, Advocate :

Mr. Pranshu Prakash, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP For the SBI :

Mr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-05-2025 Heard Mr. Apurv Harsh, learned counsel for the petitioners, learned counsel for the SBI and Ms. Anita Kumari, learned Additional Public Prosecutor for the State.

2. Despite entered appearance through Vakalatnama, no one appeared on behalf of Opposite Party No.2.

3. The petitioners are apprehending their arrest in connection with Complaint Case No. 13219C of 2022 for the offences punishable under Sections 384, 406, 420, 503, 506, 120B, 34 of the Indian Penal Code.

4. As per the complaint petition, the petitioners have

2/4 connived to defraud the complainant by sanctioning loans in her name and transferring her account to different branch without her knowledge.

5. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case merely on the basis that petitioners are the employee of the SBI at the relevant time. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioners have not committed any offence as alleged in the complaint petition and they have acted as per guidelines of the bank.

6. The learned Additional Public Prosecutor and learned counsel for the SBI have vehemently opposed the prayer for bail of the petitioners.

7. Learned counsel for the SBI submits that he has filed a counter affidavit stating therein that the allegation as alleged in the complaint petition is false and fabricated and the petitioners have not committed any offence as alleged in the complaint petition

7. Considering the aforesaid facts and circumstances, the petitioners have clean antecedent and the bank has come forward to suggest that the allegation as alleged in the complaint

3/4 petition against the petitioners is false, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Patna Sadar, Patna in connection with Complaint Case No. 13219 C of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i.

Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their

4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T