Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70463 of 2018 Arising Out of PS. Case No.-499 Year-2017 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Manish Kumar, son of Sri Suresh Chandra Sharma @ Suresh Sharma, resident of Tajpur Road, Mahadev Chowk, P.S. Town, District- Samastipur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Vinay Ranjan, Advocate For the Opposite Party :

Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468, 406 and 120(B) of the Indian Penal Code registered in connection with Sadar P.S. Case No. 499 of 2017.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, it was the informant himself who had to carry out the physical verification of the documents for processing the loan as admitted by him in his re-statement before the police. The petitioner as an employee of Sri Ram Transport Finance Company was merely to interact with the customers in the capacity of Product Executive. The present FIR has been instituted by the informant only in order to cover up his fraudulent action. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.70463 of 2018(3) dt.28-02-2019 2/2 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 499 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/- (Vikash Jain, J) U T