Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57912 of 2017 Arising Out of PS.Case No. -232 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Manoj Kumar, son of Rangendra Prasad Verma, resident of Ekbal Hasan Road, Brahmpura, Police Station- Brahmpura, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Dilip Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 08-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Town Motihari P.S. Case No.232 of 2017 instituted for the offence under Section(s) 409, 420, 467, 468 Indian Penal Code. Counsel for the petitioner has submitted that he was posted on the post of Central Store Keeper in the year 2014-15 in the Civil Surgeon Office. He used to prepare register of stock of either medicine or any other article. The petitioner was duty bound to maintain record of the available medicine, which was supplied in the Store and the same has been found proper during course of enquiry. Petitioner has neither misappropriated any
Patna High Court Cr.Misc. No.57912 of 2017 (3) dt.08-02-2018 2/3 amount nor any misappropriated amount has been recovered from the possession of the petitioner. Petitioner had no right to withdraw any government money.
Counsel for the petitioner has further submitted that co-accused, Dr. Meera Verma and Dr. U. S. Pathak, have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 09.11.2017 passed in Cr. Misc. No.42023 of 2017 with Cr. Misc. No.43344 of 2017.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Town Motihari P.S. Case No.232 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will
Patna High Court Cr.Misc. No.57912 of 2017 (3) dt.08-02-2018 3/3 automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- U T