Patna High CourtCR. MISC./8695/2019bail granted

Avinash Kumar v. The State Of Bihar

2019-02-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8695 of 2019 Arising Out of PS. Case No.-175 Year-2018 Thana- GURUA District- Gaya ====================================================== AVINASH KUMAR, S/o Mahendra Mahto @ Mahendra Prasad Resident of Village- Gurua P. O. Gurua P.S. Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 25.10.2018 in a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code. The accusation against the petitioner and co-accused Ajay Mishra is to cheat the informant by taking Rs.6,62,000/- for providing the employment on the post of Chaukidar or on other Group-D post.

It is submitted by learned counsel for the petitioner that there is no proof with regard to the entrustment of any money, hence no case under Section 420 of the I.P.C. is made out against the petitioner. It is further submitted that the investigation has already been concluded and a statement has

Patna High Court Cr.Misc. No.8695 of 2019(2) dt.14-02-2019 2/2 been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the accusation is specific against the petitioner. Considering the nature of accusation and the investigation being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned in connection with Gurua P.S. Case No. 175 of 2018, pending before the learned SDJM, Sherghati (Gaya).

(Dinesh Kumar Singh, J) Ashwini/- U T