Munna Singh @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12583 of 2023 Arising Out of PS. Case No.-484 Year-2018 Thana- RUPASPUR District- Patna ====================================================== MUNNA SINGH @ MUNNA KUMAR S/O SATYENDRA PRASAD SINGH @ SATENDRA SINGH Resident of Village and P.O.- Bhelai, P.S.- Udwant Nagar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-03-2023 Heard the parties.

This application has been filed on behalf of the petitioner for quashing the order dated 25.05.2022 in Cr. Rev. No. 34 of 2022 by which the learned Additional District and Sessions Judge III, Danapur in connection with Rupaspur P.S. Case No. 484 of 2018.

The case against the petitioner is that he was taking money from aspirants for job in the Army. More than 50 original certificates of matric and a cash of Rs. 15 lakh was recovered from the petitioner and witnesses have come forward and said that the petitioner has cheated them and taken money for providing job.

Patna High Court CR. MISC. No.12583 of 2023(3) dt.15-03-2023 2/3 Learned counsel for the petitioner submits that he had taken Rs. 10 lakhs from the bank which he had got as loan against his LIC Policies and the rest amount of Rs. 05 lakhs was taken from the friends.

Learned counsel for the petitioner further submits that the amount of Rs. 15 lakhs and the laptop which has been seized may be released in favour of the petitioner.

The Superintendent of Police, Patna, Additional Superintendent of Police, Patna, the Officer-in-Charge of the Rupaspur Police Station, and the Investigation Officer of the case are present in the Court. They have apprised this Court with the evidence available against the petitioner. Moreover, if the amount would have been same which was alleged to be withdrawn from the bank which was taken as a loan against the LIC policies then the wrapper on the money of the bank should have been found which is not in the present case. Moreover, when the petitioner was arrested, he did not gave these explanations about the money recovered. The laptop which was seized is sent for FSL examination and it is a part of evidence which cannot be released at this stage. Considering the aforesaid facts, this application is dismissed with a direction to the police to conclude the trial of

Patna High Court CR. MISC. No.12583 of 2023(3) dt.15-03-2023 3/3 the petitioner after the supplementary charge-sheet is filed so that he is not involved again in these kind of offences. The personal appearance of the Police Officers is dispensed with.

(Sandeep Kumar, J) Vikas/Shishir U