Manoj Kumar Srivastava @ Manoj Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74743 of 2023 Arising Out of PS. Case No.-660 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== MANOJ KUMAR SRIVASTAVA @ MANOJ SRIVASTAVA S/O SATRUGHAN PRASAD SRIVASTVA VILLAGE- SHAMIR TAKIYA, PS. AND DIST. GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 384, 386, 387 of the IPC. 3.

As per the prosecution case as per written report of the drivers is that some police officials used to extort money from the informant and abuse him. The informant saw some superior official at the check post and after seeing them, the petitioner fled away.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.74743 of 2023(2) dt.04-12-2023 2/2 general and omnibus in nature. It is submitted that the petitioner was on duty at Dobhi Check post and some vehicle drivers were not complying the guidelines of the Government, then the petitioner asked other Police officials to cut challan but the driver of said vehicles refused to pay the challan and to save their skin, falsely lodged the present case. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner to demand bribe from the informant, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Barachatti P.S. Case No.660 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T