IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2670 of 2022

Arising Out of PS. Case No.-2 Year-2022 Thana- SC/ST District- Munger

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Ritwik Kumar S/o Prabhunath Prasad R/o village- Bhagwanpur, P.S.-

Gopalganj, District- Gopalganj. At present Address is- Udhran Hospital

Bigrahpur By Pass N.H.- 30 Road, Near Mithapur bus Stand, P.S.- Jakkanpur,

District- Patna

... ... Appellant/s

Versus

1.

The State of Bihar

2.

ARVIND KUMAR MANJHI S/o Late Chandradeep Manjhi R/o village and

P.O.- Rewari, P.S.- Kopa Samhota, District- Saran (Chapra), At Present

Address- C/o Nawal Kishor Yadav Near Purab Sarai D.A.V. Public School,

P.S.- Purab Sarai, District- Munger

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Man Mohan Kumar

For the Respondent/s

:

Mr.Usha Kumari 1

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

4

08-12-2022

Heard learned counsel for the appellant and learned

Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant

against the order dated 10.06.2022 passed by learned 1^st

Additional Sessions Judge-cum-Special Judge (SC/ST Act)

MUnger in ABP No. 379 of 2022 whereby the prayer for bail of

the appellant in connection with SC/ST P.S. Case No. 02 of

2022 under Section 406 of the Indian Penal Code and section

3(i)(zc) of SC/ST Act was rejected.

The prosecution is that the informant’s son belongs to

schedule caste and he deposited Rs. 7,20,000/- in the account of

Patna High Court CR. APP (SJ) No.2670 of 2022(4) dt.08-12-2022

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appellant through cheque bearing No. 248044 for partnership. It

is further alleged that after seven months, the son of informant

was terminated from the hospital partnership and when he

demanded his money from this appellant then found delayed

tendency.

It is submitted by learned counsel for the appellant

that he has committed no offence and has been falsely

implicated in this case. It is further submitted vide para 11 of the

petition that the hospital management has returned lone amount

of Rs. 6,83,000/- to informant’s son either in his bank account or

through cash which is clear from the leser book of the hospital

and from money receipt. It is also submitted that only Rs.

37,000/- is still dues for which hospital management is always

ready to return the same and this fact is corroborated by

Annexure 2 which is annexed with the petition.

The appeal for bail is opposed by learned Spl. P.P. for

the State.

Having heard learned counsel for the parties and

taking into consideration that there is general and omnibus

allegation against the appellant, the Court is inclined to allow

this appeal. Accordingly, the appeal is allowed and the

impugned order dated 10.06.2022 passed in A.B.P. No. 379 of

Patna High Court CR. APP (SJ) No.2670 of 2022(4) dt.08-12-2022

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2022 is hereby set aside.

The appellant is directed to be enlarged on bail in

connection with Munger SC/ST P.S. Case No. 02 of 2022 in the

event of arrest or surrender before the court below within a

period of four weeks on furnishing bail bond of Rs. 10,000/-

(Rs. ten thousand only) with two sureties of the like amount

each to the satisfaction of the learned 1^st Additional Sessions

Judge-cum-Special Judge SC/ST Act, Munger.

amandeep/-

(Sunil Kumar Panwar, J)

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