Ashok Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74462 of 2022 Arising Out of PS. Case No.-289 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== Ashok Kumar Manjhi S/O Chetu Lal @ Chaitu Lal R/V- Bangama, P.S.- Bahadurganj, District- Kishanganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code and Section 3 of Bihar Protection of Interest of Depositor Act.

The prosecution case in nutshell is that the informant alleged that the petitioner came to her house and introduced himself as an employee of Ghuran Gramin Vikas Seva Sansthan and persuaded the informant to pay Rs. 20,000/- for getting job of A.N.M.

2/4 in the organization. The informant further alleged that believing in him, she had given Rs. 20,000/- to the petitioner but even after a period of more than two months, she neither received her joining letter nor any interest as promised. Then, she again paid Rs. 5,000/- to him but she did not get either joining letter or interest.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that the petitioner is attached to the N.G.O., namely, Ghuran Gramin Vikas Seva Sansthan, has not allured the informant to pay any amount nor received any payment as alleged. The registration charge has been received by the petitioner at the instance of one Sambhu Kumar Roy, who is treasurer-cum-HR of aforesaid Sansthan and the money collected by the petitioner in the shape of registration charge has been transferred to the account of Sambhu Kumar Roy

3/4 through different modes. From perusal of the impugned order it appears that petitioner has been illegally detained in police custody for five days after his arrest on 20.07.2022 and when his wife written letters to District Administration then only the petitioner was remanded to Judicial custody on 26.07.2022 and since then he is languishing in judicial custody. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kishanganj P.S. Case No. 289 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

4/4 to the satisfaction of the learned C.J.M. Purnea. (Sunil Kumar Panwar, J) nirajkrs/- U T