Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11176 of 2024 Arising Out of PS. Case No.-7 Year-2023 Thana- Cyber P.S. District- Gopalganj ====================================================== Chandan Kumar SON OF AMRENDRA KUMAR RESIDENT OF VILLAGE- NEAR THAKUR YUGAL SINGH, KISHORE COLLEGE, WARD NO. 7, PRADIP NAGAR, SAURA @BHALNI CHURAMAN, PSMEHSAUL OP, DIST- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Bihari Tiwary For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State and counsel for the informant.
2. The petitioner seeks regular bail in connection with Gopalganj (Cyber) P.S. Case No. 07 of 2023 registered on 06.07.2023 lodged under Sections 420, 406, 468, 467, 471 of the I.P.C. and 66(C), 66D of I.T. Act 2000.
3. As per the prosecution case, F.I.R. has been lodged against the petitioner being the sole accused to whom allegation of providing help to the informant in taking loan of 10 lakhs. Upon taking loan, the petitioner started demanding money for settlement of the loan amount and whenever the money demanded by the petitioner, the informant has transferred in his account and gradually he has accepted Rs. 17 lakhs and
Patna High Court CR. MISC. No.11176 of 2024(2) dt.22-02-2024 2/3 threatening that if he will not send more money than entire money shall be ceased and he shall not return the money to the informant. With this allegation the present F.I.R. has been lodged.
4. Counsel for the petitioner submits that informant is well settled business man whereas informant is employee of the informant and he is falsely been implicated in this case. Counsel submits that petitioner is neither employee of the HDFC bank nor concerned with any bank nor he has received Rs. 17 Lakhs in installment for settlement of loan amount of Rs. 10 lakhs.
5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 08.07.2023 having one criminal case pending against him.
6. Learned counsel for the State opposes the prayer for bail.
7.Learned counsel for the informant vehemently opposes the prayer for bail and submits that the said amount has been accepted by the petitioner on the pretext of settlement of interest amount on the loan of Rs. 10 Lakhs taken by the informant from the HDFC Bank.
8. After hearing the parties, the only thing which is
Patna High Court CR. MISC. No.11176 of 2024(2) dt.22-02-2024 3/3 most surprising this Court is that when informant has accepted loan amount of Rs. 10 Lakhs than instead of returning money in the bank account of HDFC Bank, he started paying money in the account of the petitioner who has nothing to do with the HDFC Bank and this pleading appears that there is something fishy going on behind this Court.
9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj (Cyber) P.S. Case No. 07 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C.
(Dr. Anshuman, J) Sunnykr/- U