Manohar Lal Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63381 of 2019 Arising Out of PS. Case No.-169 Year-2011 Thana- KHAIRA District- Jamui ====================================================== MANOHAR LAL HEMBRAM Son of Surya Narayan Resident of Village - Bobatiya, P.S.- Barhat, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-10-2019 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, 467, 468, 471 of the Indian Penal Code registered in connection with Khaira P.S. Case No. 169/2011.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the FIR, which has been lodged against four accused persons including the incharge Post Master of the concerned Post Office. The petitioner has been named by the supervising authority in 2019, after eight years of lodging of the FIR in the year 2011 merely because the petitioner was posted in the Khaira Post Office as Sub Post Master. It is submitted that all four named accused persons have been granted anticipatory bail. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named 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 CJM, Jamui, in connection with Khaira P.S. Case No. 169/2011, subject

Patna High Court CR. MISC. No.63381 of 2019(2) dt.21-10-2019 2/2 to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, 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.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T