Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3513 of 2023 Arising Out of PS. Case No.-411 Year-2022 Thana- MANER District- Patna ====================================================== Pintu Kumar Son of Deo Kumar Rai R/V- Haldi Chhapra Sat Ana P.S- Maner Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP For the Informant : Mr. Binayak Kumar Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 14.06.2022 in connection with Maner P.S. Case No. 411 of 2022, F.I.R. dated 13.06.2022 for the offences punishable under Sections 341, 323, 504, 506, 406 and 420 of the Indian Penal Code.

According to prosecution case, the petitioner has taken the money from the informant back in the year 2005 regarding

Patna High Court CR. MISC. No.3513 of 2023(2) dt.25-04-2023 2/3 purchase of land but till date neither the land has been registered in her favour nor the amount has been returned. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and no such occurrence has taken place. He further submits that the informant is claiming that she has given the amount in question to the petitioner in the year 2005 and the allegation of the money is without any evidence and the present F.I.R. has been instituted in the year 2022 only to harass the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 14.06.2022.

The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur in connection with Maner P.S.

Patna High Court CR. MISC. No.3513 of 2023(2) dt.25-04-2023 3/3 Case No. 411 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T