Manglam (Nati (Grandson) Of Sonfi Babu @ Ashutosh Kumar Manglam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51057 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- NAGAR District- Vaishali ====================================================== MANGLAM (NATI (GRANDSON) OF SONFI BABU @ ASHUTOSH KUMAR MANGLAM S/O VISVANATH RAY R/O VILLAGEHATHSARGANJ, PS. TOWN HAJIPUR, DIST. VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Atul Shankar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Town Hajipur P.S. Case No. 118 of 2023 dated 17.02.2023, instituted for the offence punishable under Sections 420, 406, 467, 468, 471, 504, 506, 120(B) and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner and one another co-accused person had taken the original certificate and money from the informant for getting her admitted in the College, in question, where the informant had met the accused persons but thereafter, it transpired that the registration/admission receipt given to the informant was fake

Patna High Court CR. MISC. No.51057 of 2023(2) dt.19-08-2023 2/3 due to which he could not sit in the Class-12th examination.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that from perusal of F.I.R., the date of occurrence is between 2021-2023, F.I.R. was instituted on 17.02.2023 and no satisfactory explanation has been given by the informant for delay in lodging the F.I.R.. It is further submitted that the process of admission in Intermediate was through O.F.S.S. system or online system and after verification, the Bihar School Examination Board allotted the College for admission. As per the F.I.R., the informant stated that after enquiry she found that she was cheated by Manglam and Vishal Sharma. It is submitted that petitioner is neither the staff of the B.S.E.B nor the staff of the said college in question. The petitioner is a student of S.K.J.

Law College Muzaffarpur and he appeared in L.L.B. Part-I examination. Learned counsel for the petitioner further submits that similarly situated person, namely, Vikash Kumar Sharma @ Vishal Raj @ Vishal Sharma has been granted bail by a co-ordinate Bench of this Court vide order dated 14.07.2023 passed in Criminal Miscellaneous No. 31371 of 2023. Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of

Patna High Court CR. MISC. No.51057 of 2023(2) dt.19-08-2023 3/3 the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Town Hajipur P.S. Case No. 118 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) prabhat/- U T