Uday Shankar Kumar @ Munna v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9327 of 2019 Arising Out of PS. Case No.-485 Year-2018 Thana- KOTWALI District- Patna ====================================================== Uday Shankar Kumar @ Munna S/o Sri Binod Prasad resident of Nauawa, P.O.-Nauwa ward no.8, P.S-Asthawan, District Nalanda ... ... Petitioner/s

Versus

1. The State of Bihar

2. Bihar State Power Holding Company Ltd. Vidyut Bhawan Bailey Road,Patna800021 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Giridhar Gopal Tiwary For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 16.8.2018 in a case registered for the offences punishable under Sections 417,418,419,420,468 and 120B of the I.P.C. and Sections 66B and 66D of the I.T. Act.

The prosecution case is that the accused persons used to realize money from different persons on the pretext of providing appointment as Accounts Officer in the Bihar State Power Holding Corporation. It is further alleged that the accused persons used to contact the candidates and demand money on the above pretext. Though the petitioner is not named in the FIR but his name sprang up on the confession of co-accused Paramveer Ranjan and the petitioner also subsequently made

Patna High Court Cr.Misc. No.9327 of 2019(2) dt.18-02-2019 2/2 confession and on the basis of that, one mobile phone and a diary were recovered from his house.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion the petitioner has been roped in the present case. It is further submitted that said co-accused Paramveer Ranjan on whose confession the petitioner is in custody, has been granted bail vide order dated 21.1.2019 passed in Cr. Misc. No.76229 of 2018. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up in the confession of co-accused.

Considering the accusation being based on the basis of confession of co-accused and the period under custody, let the petitioner above named 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 the learned CJM, Patna in connection with Kotwali P.S. Case No.485 of 2018. (Dinesh Kumar Singh, J) anil/- U