Amarjeet Kumar @ Amarjeet v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11460 of 2017 Arising Out of PS.Case No. -111 Year- 2014 Thana -KHAIRA District- SARAN ======================================================
1. Amarjeet Kumar @ Amarjeet Son of Sharda Pd. Singh Resident of Village-Narauli Khem, Khukhundu P.S.-Khukhundu Dist-Deoria (U.P.) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Khaira P.S. Case No. 111/2014, registered under Sections 419, 420, 467 and 468 of the Indian Penal Code.
The accusation is that Amarjeet Kumar (Petitioner) and Azhar Khan approached to the informant Sarfaraz Khan to send him Dubai for doing job for the salary of Rs. 40,000/- per month. Accordingly, the informant gave Rs. 1,08000/- through Bank and Rs. 20,000/- cash. The informant went to Mumbai and was waiting for flight, but the petitioner and his associates told that the flight is not available for Dubai and he was taken at Chennai, but the informant was sent to Malesia saying that
one Raju Kumar Singh will attend him. When he reached at Malesia, he was received by Raju Kumar Singh and kept in a hall, where, about 34 persons were kept. The informant was asked by Raju Kumar Singh that no job would be provided to him and asked to manage Rs. 65,000/- so that he may be sent to India and Raju Kumar Singh gave his account number and account number of one Vivek Awasthi, in which his father-in-law deposited Rs. 65,000/-. Then, he was sent from Malesia to India. The petitioner did not return the money to the informant.
Learned counsel for the petitioner submits that while it is alleged that Rs. 1,08,000/- was transferred to the petitioner through Bank account, but in course of investigation, nothing has been collected by the I.O. to show that any penny has been received by the petitioner in his account from the account of the informant. Moreover, similarly situated co-accused, Azhar Khan has already been granted privilege of bail vide order dated 05.05.2016 passed in Criminal Misc. No. 17281/2016 and this petitioner having no criminal antecedent is in custody since 20.12.2016.
Having regard to the facts and the circumstances of the case, the petitioner, Amarjeet Kumar @ Amarjeet, above named, is directed to be released on bail on furnishing bail bond of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 13th, Saran at Chapra, in connection with Khaira P.S. Case No. 111/2014.
(Rajendra Kumar Mishra, J.) Rakhi U T