Patna High CourtCR. MISC./42502/2014bail granted

Manish Kumar v. The State Of Bihar

2015-03-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42502 of 2014 Arising Out of PS.Case No. -25 Year- 2014 Thana -NATWAR District- SASARAM (ROHTAS) ====================================================== Manish Kumar son of Deo Murat Seth, resident of Mohalla - Yushuf Chak Takiya, Sasaram, Police Station - Sasaram Town, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party : Mr. C. Sen Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-03-2015 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 and 467 of the Indian Penal Code registered in connection with Natawar P.S. Case No.25 of 2014.

3. It is submitted that even according to the first information report, there was merely a chance of defalcation whereas in fact there is no defalcation. It is further submitted that the petitioner being Panchayat Rojgar Sewak stands on better footing than Anita Devi, who has been granted anticipatory bail by a Bench of this Court in Cr. Misc. No.53 of 2015.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or

Patna High Court Cr.Misc. No.42502 of 2014 (2) dt.20-03-2015 2/2 surrender before the court below within six weeks from the date of communication of this order, let the petitioner (Manish Kumar) 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 Sri Ved Prakash Modi, learned Judicial Magistrate, Ist Class, Bikramganj, Rohtas in connection with Natwar P.S. Case No.25 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:- (i) The petitioner shall cooperate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U