Manish Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45294 of 2023 Arising Out of PS. Case No.-236 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== MANISH KUMAR PANDEY Son of Vinod Pandey Present Address - Resident of village - Ram Chaura, P.S.- Hajipur Town, District - Vaishali. Permanent Address - Resident of village - Sahtha, P.S.- Bhagwanpur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2023 Heard Ms. Priya, learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 236 of 2019 for the offence registered under section 392 of the Indian Penal Code lodged on 06.09.2019 by the informant, Rajesh Kumar.

As per the prosecution story, the informant, an Area Manager of Seva Microfinance on the fateful day, he was returning home from Hajipur where criminals intercepted him and snatched his mobile phone, purse, ATM Card/Credit Card. Accordingly, the FIR.

It is the case of the learned Counsel for the petitioner that he has nothing to do with the alleged occurrence, the only

Patna High Court CR. MISC. No.45294 of 2023(2) dt.04-08-2023 2/3 fault being that he purchased a mobile with Roushan Kumar which subsequently was found to be one of the mobile snatched by the accused persons. Upon knowledge, immediately his father handed it over to the police but no receipt were provided and found himself implicated.

Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail stating that one of the mobile was with the petitioner.

Considering the submissions put forward by the learned Counsel for the petitioner that a purchase was made from one of the accused, Roushan Kumar and he do not have criminal antecedent, this Court is inclined to extend him privilege of anticipatory bail.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 236 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of

Patna High Court CR. MISC. No.45294 of 2023(2) dt.04-08-2023 3/3 the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the anticipatory bail application stands allowed.

(Rajiv Roy, J) Neha/- U T