Mainuddin Mansuri @ Manu Mandhun Alam @ Mandhun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4195 of 2018 Arising Out of PS.Case No. -88 Year- 2012 Thana -PANCHRUKHI District- SIWAN ====================================================== Mainuddin Mansuri @ Manu Mandhun Alam @ Mandhun Son of Md. Adalat Mian, Resident of Village-Chand Saraiya, Police Station-Pipara Kothi, District-East Champaran (Motihari).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.12.2017 in connection with Pachrukhi P.S. Case No. 88 of 2012 for offences punishable under Sections 419, 420, 406 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had taken Rs. 8000/- from the Central Bank, two persons asked him to deposit cash of Rs. 100000/- in the Bank and followed the informant and gave Rs. 100000/- in lieu of Rs. 8000/- which was found as mere piece of

Patna High Court Cr.Misc. No.4195 of 2018 (3) dt.17-02-2018 2/3 paper and not currency notes.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and his name surfaced on the confessional statement of one Manager Sahani in Gopalganj P.S. Case No. 177 of 2012. He submits that no T.I. Parade has been done so far and that the petitioner is languishing in judicial custody since 2 1⁄2 months. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on 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-VI, Siwan in connection with Pachrukhi P.S. Case No. 88 of 2012, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to

Patna High Court Cr.Misc. No.4195 of 2018 (3) dt.17-02-2018 3/3 move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T