Ansu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23077 of 2023 Arising Out of PS. Case No.-536 Year-2022 Thana- MALSALAMI District- Patna ====================================================== ANSU KUMAR SON OF SUJEET KUMAR @ BABAN RESIDENT OF VILLAGE- MANSURCHAK AT TYAGI BABA MANDIR, PSMALSALALMI, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code.

3. As per prosecution case, the petitioner was working in finance company and provided every articles on less rate. The informant took a mobile of Rs. 35,000/- on finance in Rs. 12,000/- through the petitioner and the petitioner assured that one other amount will be given later on. In the meantime, he finance a bullet of Rs. 2,35,000/- in down payment of Rs. 55,000/- and petitioner again assured that no amount will be given later but after two months the installment amount

Patna High Court CR. MISC. No.23077 of 2023(3) dt.23-08-2023 2/3 deducted from his account. It is further alleged that the petitioner convinced several persons through electronic media, false and duplicate papers and made finance them and mischief them.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is a commission agent of the finance company and his duty is only is to shown the terms and conditions of the company and when the purchaser agreed to purchase the articles in easy installment from finance company. He further submitted that petitioner is not the financer or the owner of any finance company after taking goods on installments. The informant does not wants to pay the installments to the finance company, that is why, this false and fabricated case has been lodged against the petitioner only to pressurize the finance company. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.09.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as

Patna High Court CR. MISC. No.23077 of 2023(3) dt.23-08-2023 3/3 period of custody, 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 Court below in connection with Malsalami P.S. Case No. 536 of 2022.

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