Abhay Kumar Gautam @ Amit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13934 of 2023 Arising Out of PS. Case No.-162 Year-2021 Thana- BHORE District- Gopalganj ====================================================== Abhay Kumar Gautam @ Amit Kumar Singh Son Of Late Vishwanath Singh @ Son Of Sri Vipin Singh Resident Of Shivpuri Belwana, Motihari, P.S.- Town Thana, District - East Champaran. @ Resident Of Village - Dhangarha Khjuria Rampur, P.S.- Khajuria, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal Mr. Binod Kumar Sinha For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 The present petition is being taken up out of turn since the marriage of the daughter of the petitioner is going to be solemnized on 2nd of March, 2023. Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.
It is alleged by the informant that petitioner and other co-accused persons came at her house and on the pretext of providing loan, they took Rs. 31,000/-
Patna High Court CR. MISC. No.13934 of 2023(2) dt.27-02-2023 2/3 from the informant but thereafter neither loan was provided nor money was returned.
It is submitted by learned senior counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that for the alleged occurrence of 28.12.2020, the F.I.R was registered on 10.04.2021 without explaining the delay. Moreover, co-accused Ranjit Kumar Ram @ Ranjit Ram has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 26.07.2022 passed in Cr. Misc. No. 60467 of 2021 with condition that he will pay Rs. 31,000/- to the informant. The petitioner is languishing in custody since 21.12.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.13934 of 2023(2) dt.27-02-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No. 162 of 2021.
(Sunil Kumar Panwar, J) Shageer/- U T