Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15391 of 2025 Arising Out of PS. Case No.-314 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Chintu Kumar S/O Late Krishna Thakur R/O Vill.- Navratanpur, P.S.- Khagaul, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Khagaul P.S. Case No. 314 of 2024 registered for the offences punishable under Sections 316(2), 318(4), 338, 336(3) and 340(2) of the B.N.S.

3. As per the prosecution story, the informant has alleged that he was working on the post of Station Superintendent and posted at Sialdah station. He frequently visits Danapur Railway station, and there he came to know about the present petitioner. It is further alleged that the petitioner has assured him that he would get him transferred. Consequently, the informant deposited huge amount in the bank

Patna High Court CR. MISC. No.15391 of 2025(2) dt.11-04-2025 2/3 account of the petitioner. Thereafter, the petitioner refused to get him transferred and denied to return the said amount. Petitioner has totally embezzled an amount of Rs. 19,00,000/-.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 09.09.2024 who is innocent and has falsely been implicated in the present case. Petitioner is himself an unemployed and after passing his BCA examination he remain unemployed. As the petitioner was unemployed, the informant started exploiting him and started taking work from him and without knowledge of the petitioner he used his illegally earned money through the bank account of petitioner for various purposes. The Innocence of the petitioner is more evident from the fact that even as per informant's wife stated that she has no knowledge about any such transactions.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. From perusal of F.I.R. it clearly transpires that the informant had given Rs. 19,00,000/- to the petitioner for getting transfer, while informant was in railway service this fact itself shows that he is involved in illegal act and principle of pari delicto is applied in this case. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner,

Patna High Court CR. MISC. No.15391 of 2025(2) dt.11-04-2025 3/3 above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - V, Danapur (Patna) in connection with Khagaul P.S. Case No. 314 of 2024.

(S. B. Pd. Singh, J) Ankit Kumar/- U T