Manikant Kishore @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64429 of 2021 Arising Out of PS. Case No.-206 Year-2021 Thana- RAMPUR District- Gaya ====================================================== MANIKANT KISHORE @ SONU Son of Arjun Prasad Resident of MohallaNaya Bazar, P.S.- Sherghati, District- Gaya at present resident of A.P. Colony, P.S.- Rampur, Director S.R.M. Infotech Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Senior Advocate Mr. Saket Tiwary, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP For SBI :
Ms. Namrata Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2022 Heard learned senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State as well as learned counsel appearing on behalf of the State Bank of India.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Rampur P.S. Case No. 206 of 2021 registered for the offence under Sections 468, 469, 472 and 420 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 07.07.2021.
The allegation against the petitioner is to use the
Patna High Court CR. MISC. No.64429 of 2021(6) dt.27-06-2022 2/3 registration number of vehicle, registered in favour of one of the relative of the informant.
Learned senior counsel appearing on behalf of the petitioner submitted that the vehicle in issue was purchased from State Bank of India by the petitioner through auction dated 06.05.2016. It has further been submitted that allegation is limited to use a fake registration number by the petitioner, who is man of clean antecedent. It has further been submitted that the petitioner has falsely been implicated in this matter due to business rivalry as the petitioner also the owner of showroom of Yamaha Motorcycle at Sherghati, Gaya, where he has coordinate with the authority for registration of purchased vehicle. While concluding the argument, it has been submitted that investigation of this case has been completed for which charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned counsel appearing on behalf of the SBI confirmed the sale certificate issued by the State Bank of India dated 06.05.2016, in favour of petitioner.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that the alleged vehicle was purchased by the petitioner through valid auction from State Bank of India.
Patna High Court CR. MISC. No.64429 of 2021(6) dt.27-06-2022 3/3 Considering the facts and circumstances as mentioned above, as the petitioner is appearing owner of the vehicle in issue coupled with the fact that charge-sheet has already been submitted , let the petitioner, above named, is directed to be released on bail in connection with Rampur P.S. Case No.206 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, subject to the following conditions:
"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Arjun Prasad, who is the father of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/- U T