A person is entitled to anticipatory bail if he can show that he is falsely implicated in a case and there is no such occurrence as alleged.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15998 of 2022

Arising Out of PS. Case No.-304 Year-2019 Thana- CIVIL LINE District- Gaya

======================================================

Manish Kumar Son Of Sitaram Prasad R/O Village- Iccha, P.S.- Fatehpur,

Dist.- Gaya

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Manish Kumar No2

For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

6

10-01-2023

Heard learned counsel for the parties.

Learned counsel for the petitioner undertakes to

remove the defect(s), as pointed out by the office, within four

weeks.

The petitioner apprehends his arrest in a case

registered for the offences punishable under Sections 406 and

420 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner

that no such occurrence as alleged ever took place. Petitioner

have been falsely implicated in this case due to money dispute.

Learned counsel for the petitioner further submitted that

petitioner has no criminal antecedent as mentioned in para-3 of

the bail application.

Learned counsel for the petitioner submitted that

petitioner is ready to refund Rs. 2,59,701.00 (Rupees Two Lakh

Patna High Court CR. MISC. No.15998 of 2022(6) dt.10-01-2023

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Fifty Nine Thousand Seven Hundred and One) within six

months to the informant.

Having regard to the facts and circumstances of the

case, let the above named petitioner, be released on provisional

bail, in the event of his arrest or surrender before the learned

Court below within a period of six weeks from today, on

furnishing bail bond of Rs.25,000/- (Rupees Twenty Five

Thousand) with two sureties of the like amount each to the

satisfaction of the learned lower Court where the case is

pending/successor Court in connection with Civil Line P.S. Case

No. 304 of 2019, subject to the condition as laid down under

Section 438 (2) of the Cr.P.C.

Learned Court below is directed to confirm the

provisional bail after refunding the aforesaid amount i.e. Rs.

2,59,701/- to the informant.

devendra/-

(Anjani Kumar Sharan, J)

U

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