Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54517 of 2022 Arising Out of PS. Case No.-792 Year-2022 Thana- DANAPUR District- Patna ====================================================== MANISH KUMAR Son of Dharmendra Prasad Resident of Village - Lohanipur Near Langra School, P.s.- Kadamkuan, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is an accused in connection with Danapur P.S. Case No. 792 of 2022 under Sections 419, 420 and 34 of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981.

The informant has alleged in the FIR that the petitioner was appearing in the Combind Graduate Level Examination Skill Test for one Rohit Singh and as the photograph of Rohit Singh did not match with this petitioner, he was interrogated and was taken into custody and in that way, the

Patna High Court CR. MISC. No.54517 of 2022(2) dt.16-12-2022 2/3 FIR was lodged.

Learned counsel for the petitioner submits that the manner the FIR was lodged, it does not show that he was arrested from Sky Moon I.T. Point Pvt. Ltd and it is his categorical statement that he do not have any criminal antecedent which he has also stated in paragraph-3 of the bail application but just to make the FIR graver, it has been stated that he was earlier caught with the similar allegation. Taking into account the aforesaid statement of the learned counsel for the petitioner as also that he has remained in custody since 06.08.2022 (as stated in paragraph-22 of the bail application) and as per his statement in paragraph-3 of the bail application, he do not have any criminal antecedent, this Court is inclined to grant him privilege of bail.

If however, it is found that incorrect statement has been made in paragraph-3, the bail order shall become infructuous.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st Danapur in connection with Danapur P.S. Case No. 792 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.54517 of 2022(2) dt.16-12-2022 3/3 (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her 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/her bail bond by the Trial court itself;

(iii) 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 his bail bonds;

(iv) 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 bail application is allowed.

(Rajiv Roy, J) Jagdish/NehaU T