Md. Manjoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52907 of 2021 Arising Out of PS. Case No.-316 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== MD. MANJOOR Son of Md. Mukhtar Ahmad Resident of Village Fulwariyaganj Barauni, P.S. - Fulwariya, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP For the Informant :

Ms. Geeta Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-03-2022 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 406 and 420 of the Indian Penal Code.

As per the prosecution case, the informant gave a total sum of Rs. 12 lacs in cash to the father of the petitioner for getting a job of a teacher in a government school. It is stated that the father of the petitioner cheated the informant and on going to the house of the accused the accused persons including the petitioner herein assaulted him.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No such transaction or assault as alleged took place. The petitioner is in

Patna High Court CR. MISC. No.52907 of 2021(2) dt.11-03-2022 2/2 custody since 1.7.2021 and investigation in the case has concluded. He has no criminal antecedent.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the informant has been cheated of a total sum of Rs. 12 lacs, some portion of which was also deposited in the account, details of which has been given in the FIR. It is further submitted that there is direct allegation against this petitioner of having assaulted the informant. Having heard learned counsel for the parties and taking into consideration the facts of the case, the main allegation being against the father of the petitioner, the allegation against the petitioner being general and omnibus in nature, the petitioner not having any criminal antecedent and having remained in custody for 8 months, the petitioner is directed to be enlarged on bail in connection with Sabour P.S. Case no. 316 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 Chief Judicial Magistrate, Bhagalpur.

(Partha Sarthy, J) Spd/- U T