Manish Kumar @ Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88699 of 2024 Arising Out of PS. Case No.-216 Year-2019 Thana- BEUR District- Patna ====================================================== Manish Kumar @ Manish Kumar Singh S/O Nagendra Singh R/O VillageBachopati, Bajpatti, P.S - Bajpatti, Distirict- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meena Devi Wife of Raj Kishore Pandey, R/o New Bypass, Tej Pratap Nagar Anishabad, P.S. Beur, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rikesh Sinha, Advocate For the State :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Beur P.S. Case no. 216 of 2019 registered under sections 323, 341, 379, 448, 504, 506 and 34 of the Indian Penal Code.

3. The allegation in the First Information Report is that the petitioner along with his wife had gone to the house of the informant and when it was found that he was not present at his house, the petitioner pointed pistol on the head of the informant and took Rs. 1,00,000/- from a bag and threw other documents.

4. Learned counsel for the petitioner submits that out of the sections levelled in the First Information Report all other sections are bailable except Section 379 of the IPC and the same

Patna High Court CR. MISC. No.88699 of 2024(5) dt.15-05-2025 2/3 is not made out against the petitioner in the present facts and circumstances of the case. It is submitted that the petitioner's father had made an agreement with the informant's husband for purchasing a land for Rs. 11,60,000/- which was paid to him through cash and cheque and to substantiate the same, the petitioner has brought Annexure- P/2 on record. It has further been submitted that the informant's husband had given three cheques in favour of petitioner's father which were all dishonoured and the petitioner had actually gone to the house to resolve the said issue and a false case under Section 379 of IPC has been lodged against him for oblique motive.

5. Learned APP for the State however, opposes the application on the ground that the petitioner has two criminal antecedents in response to which it has been stated that one of the case is under Section 498A of the IPC and the petitioner is on bail in both the cases.

6. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Beur P.S. Case no. 216 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.88699 of 2024(5) dt.15-05-2025 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M.- I, Patna, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial. (Soni Shrivastava, J) Raj Ranjan/- U T