Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6824 of 2024 Arising Out of PS. Case No.-743 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Krishna Kumar S/O MRITUNJAY RAY VILLAGE- ASHOK NAGAR, POKHARIA, WARD NO. 36, PS. TOWN, DIST.BEGUSARAI. 2.
MANOJ KUMAR SHARMA @ MUKHIYA S/O LATE GULLAK SHARMA VILLAGE- BHARRA, PS. MUFFASIL, DIST. BEGUSARAI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh, Advocate Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP For the Informant :
Mr. Ram Sumiran Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Khagaria (Chitragupta Nagar) P.S. Case no. 743 of 2023, registered under sections 420, 406 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that he was duped by the accused Nitish Kumar and his accomplices which included the two petitioners herein of Rs. 26 lacs.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. From reading of the FIR itself, it would be evident that the main allegation is against Nitish Kumar and not the petitioners herein who are only said to be acquaintance of the said Nitish Kumar. The petitioners
Patna High Court CR. MISC. No.6824 of 2024(3) dt.18-04-2024 2/2 are in custody since 8.9.2023 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioners are named in the FIR but there is direct allegation against them that they are members of the gang of Nitish Kumar and were actively associated in cheating the informant of the total sum of Rs. 26 lacs.
6. Having heard learned counsel for the parties and taking into consideration the allegation against these petitioners in the FIR together with the petitioners having remained in custody for 7 months since 8.9.2023 and charge-sheet having been submitted in the case, both the petitioners are directed to be enlarged on bail in connection with Khagaria (Chitragupta Nagar) P.S. Case no. 743 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria.
(Partha Sarthy, J) Shiv/- U T