Pramod Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5346 of 2022 Arising Out of PS. Case No.-121 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.
PRAMOD SAH S/o Late Ram Tahal Sah R/o village- Kashichak, P.S.- Piri Bazar, District- Begusarai 2.
Pradip Kumar S/o Pramod Sah R/o village- Kashichak, P.S.- Piri Bazar, District- Begusarai 3.
Pappu Kumar @ Satyam Kumar S/o Pramod Sah R/o village- Kashichak, P.S.- Piri Bazar, District- Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2022 Heard the parties.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 406, 419, 420, 467, 468, 471, 504, 506 and 34 of IPC.
Allegedly, the accused persons took Rs.15,03,600/- from the informant for the purpose of appointment of her son and an agreement on stamp paper was also taken by the informant. The
Patna High Court CR. MISC. No.5346 of 2022(4) dt.12-09-2022 2/3 said amount was transferred by mobile and when the said amount was demanded by the husband and son of the informant. The accused Pankaj Kumar gave 4 cheques of State Bank of India and when these cheques were deposited in the bank, the cheques were refunded for the reason of insufficient amount. When the son and husband of the informant went to the house of the accused persons, the accused persons assaulted them. It is further alleged that the accused persons gave a forged joining letter and medical certificate for appointment in the Railway Department.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is upon Pankaj Kumar, who is already in judicial custody. He further submits that all the transaction has been done between Pankaj Kumar and the informant. Though the accused persons are family members but the petitioners are living separately from the coaccused Pankaj Kumar. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.5346 of 2022(4) dt.12-09-2022 3/3 anticipatory bail.
Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Piri Bazar P.S. Case No.121 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T