Chandan Paswan @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7408 of 2019 Arising Out of PS. Case No.-662 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== CHANDAN PASWAN @ CHANDAN KUMAR, S/o Bindeshwari Prasad @ Bino Paswan, resident of village-Sherpur, PO-Sanjat,P.S-Bhagwanpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 21.11.2018 in a case registered for the offence punishable under Sections 419, 420, 467 and 468 of the Indian Penal Code.

Prosecution case is that an enquiry was conducted in pursuance to the order of the District Magistrate, Begusarai with regard to the benefit being received by the beneficiaries in the District Registration and Counseling Centre under the several schemes of Chief Minister Seven Resolution, when it

Patna High Court Cr.Misc. No.7408 of 2019(2) dt.08-02-2019 2/3 was found that Rs.2,87,000/- has been deposited in the bank account of one Prabhat Kumar Sinha, in Punjab and Sindh Bank, Begusarai, leading to registration of the FIR. Though the petitioner was not named in the FIR, but his name subsequently sprang up during investigation on the basis of confessional statement of co-accused, Prabhat Kumar Sinha. Consequently, the petitioner also made his confession. It is submitted by learned counsel for the petitioner that there is no dispute that the money has been deposited in the bank account of co-accused Prabhat Kumar Sinha and who withdrew the alleged amount. It is further submitted that the investigation has already been concluded and a statement has 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 name of the petitioner has been sprang up during investigation on the confessional statement of co-accused Prabhat Kumar Jha. Considering the thrust of accusation against coaccused, Prabhat Kumar Jha 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,

Patna High Court Cr.Misc. No.7408 of 2019(2) dt.08-02-2019 3/3 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Town P.S. Case No. 662 of 2018.

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