Bhim Raj Singh @ Bhim Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13488 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- GANDHIMAIDAN District- Patna ====================================================== BHIM RAJ SINGH @ BHIM JI Son of Late Tauzi Lal Resident of Kaura Maidan, Collage- Road Shadipur Munger, P.S.- Kotwali, Distt- Munger, at present Teacher in Upgraded Middle School, Kaperpura, P.S.- Kanti, DisttMuzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Ranjan, Adv.

Mr.Pranaya Shanker Sinha, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP For the Informant :

Mr.Ranjit Kumar Singh, Adv.

Mr.Pawan Kumar singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2021 Heard the parties.

The petitioner seeks bail in connection with G.R. Case No.5347 of 2020, corresponding to Gandhi Maidan P.S. Case No.239 of 2020, registered for the offence punishable under Sections 420 and 34 of the Indian Penal Code. The allegation against the petitioner is that he introduced the informant to the FIR named accused persons who fooled Rs.3.5 Lacs from the informant on the assurance of giving high returns and fled away.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken

Patna High Court CR. MISC. No.13488 of 2021(3) dt.04-10-2021 2/3 place. He has been falsely implicated in this case on mere suspicion. He is not named in the FIR rather his name figured in the case as the person who introduced the informant to the accused persons who induced him to invest money for high returns. There is no specific overt act against the petitioner rather the allegation is general and omnibus in nature. The story of the informant is highly improbable that the petitioner without ascertaining the names of persons who was making offer to him of making handsome return, invested Rs.3.5 Lacs. Petitioner is a Government Teacher and works as Music Teacher and on the alleged date, he was sent for training for conducting the election as Presiding Officer. The petitioner has no criminal antecedent and has been languishing in custody since 08.10.2020. Learned APP for the State and learned opposed the prayer for bail by submitting that a poor person was lured and was cheated by the petitioner and others. Charge-sheet has been submitted against the accused persons.

Considering the facts and circumstances of this case, since there is no specific overt act against the petitioner that he has taken money from the informant, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.13488 of 2021(3) dt.04-10-2021 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M. XIV-cum-Sub-Judge-XIV, Patna Sadar, Patna, in connection with G.R. Case No.5347 of 2020, corresponding to Gandhi Maidan P.S. Case No.239 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T