Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3249 of 2023 Arising Out of PS. Case No.-154 Year-2020 Thana- BARBIGHA District- Sheikhpura ====================================================== Pankaj Kumar S/O Sidheshwar Prasad R/V- Mirbigha, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barbigha P.S. Case No. 154 of 2020 registered for the offences punishable under Sections 379 and 420 of the Indian Penal Code.

As per the FIR, on 22.06.2020 an unknown person withdrawn Rs. 63,000/- from the S.B.I Account No. 31506779047 of the informant.

Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is submitted that from the same occurrence two FIR were lodged, one FIR was Barbigha P.S.Case No. 194 of 2020 under section 420,379/34 of the I.P.C and another is Barbigha P.S.Case no. 154 of 2020 offense under section 379 and 420 of the I.P.C. It is

Patna High Court CR. MISC. No.3249 of 2023(2) dt.04-05-2023 2/3 further submitted that in the Barbigha P.S.Case No. 194 of 2020, the mobile number of the petitioner was mentioned and the present case was lodged. A compromise petition has been filed on 22.09.2022 and the petitioner has returned the amount of the informant up to Rs. 60,000/-. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application.

Considering the fact that petitioner has refund the amount and the court below shall verify, this fact whether the petitioner has refund the money to the informant and if the petitioner has not refund the amount to the informant the bail bonds is not accepted by the court below, let the above named petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 25,000/- ( twenty five thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Sheikhpura in Barbigha P.S. Case No. 154 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T

Patna High Court CR. MISC. No.3249 of 2023(2) dt.04-05-2023 3/3