Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12531 of 2023 Arising Out of PS. Case No.-316 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Shubham Kumar, Son of Late Raj Kumar Thakur, R/v- Madhubani, P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar Chaubey For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 406, 420, 504, 506/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner has taken consideration amount of Rs. 15 lac by way of account payment and Rs. 10 lac in cash from the informant regarding execution of a sale deed but neither he had executed the sale deed nor he has returned his money back.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has disability

Patna High Court CR. MISC. No.12531 of 2023(3) dt.20-06-2023 2/2 with 60% with his right hand and he is unable to put his signature. This matter is purely a civil nature dispute. In fact, informant is a land broker as well as anti social element. No documentary evidence is brought on record to show the involvement of the petitioner in the present case. Petitioner is languishing in judicial custody since 20.12.2022. learned APP appearing for the State and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 316 of 2022.

(Sunil Kumar Panwar, J) lata/- U T