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Patna High CourtCR. MISC./5978/2018bail granted

Manoj Kumar Singh v. The State Of Bihar

2018-02-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5978 of 2018 Arising Out of PS.Case No. -208 Year- 2017 Thana -SONEPUR District- SARAN ====================================================== Manoj Kumar Singh, Son of Punit Singh Dangi, Resident of VillageBharpura, P.S. Sonepur, District- Saran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate. For the Opposite Party/s : Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sonepur P.S. Case No. 208 of 2017 instituted for the offence under Sections 419, 420 and 408 of the Indian Penal Code.

From the written report it appears that in the year 2012-13 in the Shahpur Block Mung seeds were distributed by the then Block Agricultural Officer, Prithvinath Yadav, Madan Kumar, Om Prakash Singh, Sunil Kumar Singh, Ajay Kumar Singh and others. The allegation is made that in the year 2016 random survey of the relevant register was done by Assistant Director and the statement of farmers were recorded. The farmers disclosed that forged signature has been done on the register.

In this manner, from the written report itself it appears that petitioner was nowhere involved in distributing the seeds in the year 2012-13. He was simply proprietor of the seed shop and the seeds have

Patna High Court Cr.Misc. No.5978 of 2018 (3) dt.19-02-2018 2/2 been distributed by the officers concerned. He had filed CWJC No. 787 of 2017 in this Hon'ble High Court against the wrong doing of the officials, who is named in the report. Therefore, he has been implicated in this case.

Learned counsel for the petitioner has submitted that petitioner is Proprietor of M/s. Krishi Vikas Kendra. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sonepur P.S. Case No. 208 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 learned Additional Chief Judicial Magistrate-I, Chapra, Saran, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) S.