Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36619 of 2022 Arising Out of PS. Case No.-838 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== Manoj Kumar Son Of Haribansh Lal Das R/O Shastri Nagar, Rajvanshi Nagar, Cab E/8, Board Colony, P.S.- Shastri Nagar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Mr.Khurshid Anwar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 406/420/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Specific allegation of taking Aadhar card and the pass book on the pretext of providing loan to the informant is against co-accused Manish Kumar and petitioner has been made accused in this case only because he was the branch manager of the bank concerned. It is further submitted that there is delay of two years days in lodging of the FIR and there is no plausible explanation of delay which itself creates doubt over the prosecution case. Similarly situated said co-accused Manish Kumar has already been allowed bail by a co-ordinate bench of
Patna High Court CR. MISC. No.36619 of 2022(2) dt.07-11-2022 2/2 this Court vide order passed in Cr.Misc.No. 23562/2018. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged 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 Chief Judicial Magistrate, Khagaria in Khagaria Gangour Police Station Case No. 838 of 2017,GR No. 3438 of 2017, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashi/- U T