Manish Prasoon @ Manish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5038 of 2019 Arising Out of PS. Case No.-26 Year-2009 Thana- SULTANGANJ District- Bhagalpur ====================================================== MANISH PRASOON @ MANISH KUMAR SINGH Son of Late Sridhar Pd. Singh @ Late Sridhar Prasad Resident of Village - Rasidpur, P.S. - Bath, District- Bhagalpur.
... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ranjan Kumar Jha For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-11-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 09.09.2019 passed by learned 3rd Addl. Sessions Judge cum Special Judge, SC/ST Act, Bhagalpur in Sultanganj P.S. Case No. 26 of 2009 registered under Sections 420, 406, 467, 471 and 120B of the Indian Penal Code and Sections 3(1)(X) of the SC/ST Act.
Appellant is said to have taken Rs.3,50,000/- from the informant in the name of managing job of T.T. in Railway for him, but he neither managed said job for him nor returned his money despite making several requests and on demand of the
Patna High Court CR. APP (SJ) No.5038 of 2019(2) dt.19-11-2019 2/3 money he slated him and extended threatening of dire consequence along with other accused persons. It is submitted by learned counsel for the appellant that appellant has not taken any money from the informant. There is no evidence of giving any money to the appellant by the informant. Moreover aforesaid agreement to secure appointment by unfair means itself is unlawful and prohibited under the law is void ab initio under the Indian Contract Act and concept of cheating shall have no application where the Act which is stated to constitute cheating was itself an offence. Earlier the appellant was enlarged on anticipatory bail by this Court but he could not surrender before the learned lower court even after taking extension as father of the appellant has passed away and he was very much depressed due to sad demise of his father. However he has surrendered in the court below on 09.09.2019 and has been languishing in custody since then. Parties to the case have compromised the matter. Appellant has no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on
Patna High Court CR. APP (SJ) No.5038 of 2019(2) dt.19-11-2019 3/3 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. Sessions Judge cum Special Judge, SC/ST Act, Bhagalpur in connection with Sultanganj P.S. Case No. 26 of 2009.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T