Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67579 of 2022 Arising Out of PS. Case No.-191 Year-2022 Thana- SIKTI District- Araria ====================================================== MANOJ KUMAR SINGH Son of Late Ram Prasad Singh R/V- Pararia, P.SSikty, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate For the State :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 26-04-2023 Heard both the parties.

2. The petitioner seeks bail in anticipation of his arrest in connection with Sikty P.S. Case No. 191 of 2022, dated 21.07.2022, instituted for the offences under Sections 468, 470 and 471 of the I.P.C.

3. Learned APP opposes the prayer of anticipatory bail of the petitioner.

4. Learned counsel for the petitioner submits that coaccused has been granted bail by a Co-ordinate Bench. Allegation against him is relating to black-marketing of fertilizer bags which have been seized from a truck and it is alleged that it is the petitioner who has been engaged in the

Patna High Court CR. MISC. No.67579 of 2022(2) dt.26-04-2023 2/3 same.

5. Without commenting on merits of the case, taking into consideration the nature of offence, I am inclined to grant anticipatory bail to the petitioner, namely Manoj Kumar Singh, and in the event of arrest, he shall be released on bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation, whenever required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

Patna High Court CR. MISC. No.67579 of 2022(2) dt.26-04-2023 3/3 (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

(vii) The petitioner shall regularly remain present during the trial and cooperate with the Hon'ble Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) K.C.Jha/- Item No. 65 U