Patna High CourtCR. MISC./41272/2023bail granted

Manish Kumar v. The State Of Bihar

2023-07-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41272 of 2023 Arising Out of PS. Case No.-364 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== MANISH KUMAR, S/o- SURENDRA CHAUDHARY, Village- Morehe PsFatehpur Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Motihari Town P.S. Case No. 364 of 2023, G.R. Case No. 2929 of 2023 dated 14.05.2023 registered for the offences punishable u/ss 420 and 188 read with Section 34 of the Indian Penal Code and u/s 66D of the I.T. Act.

4. As per the prosecution case, one electronic device was recovered from the underwear of the petitioner during the course of examination of Central Selection Board of Constable

Patna High Court CR. MISC. No.41272 of 2023(2) dt.21-07-2023 2/2 Recruitment.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Motihari Town P.S. Case No. 364 of 2023, G.R. Case No. 2929 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T