Munilal Kumar @ Munilal Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42710 of 2024 Arising Out of PS. Case No.-124 Year-2017 Thana- KOTWALI District- Patna ====================================================== Munilal Kumar @ Munilal Ravidas S/o Ram Chandra Ravidas R/o Sikandarpur, P.S.-Kahalgaon, District-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Pandey, Advocate For the State :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-07-2024 Heard Mr. Rajesh Kumar Pandey, learned counsel for the petitioner and Mr. Madhura Nand Jha, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Kotwali P.S. Case No. 124 of 2017, F.I.R. dated 22.03.2017 for the offences punishable under Sections 406, 420, 465, 466, 467, 468 and 120(B) of the Indian Penal Code.
3. According to prosecution case, under the pretext of providing government job, the petitioner along with co-accused persons cheated the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that from a bare perusal of the FIR it appears that the petitioner has only
Patna High Court CR. MISC. No.42710 of 2024(2) dt.24-07-2024 2/3 introduced the petitioner to other co-accused person who has assured the informant that he will get a Government job. He further submits that in the entire FIR there is no allegation against the petitioner that he has received any amount from the informant.
5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and the fact that petitioner having clean antecedent and he has not received any amount from the informant, let the petitioner, 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 Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 124 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.42710 of 2024(2) dt.24-07-2024 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T