Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16515 of 2022 Arising Out of PS. Case No.-157 Year-2021 Thana- DAWATH District- Rohtas ====================================================== 1.

PAWAN KUMAR S/O BUDHRAJ SINGH R/o village- Hathdihan, P.S.- Dawath, District- Rohtas 2.

Lija Kumari D/o Budhraj Singh R/o village- Hathdihan, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Dawath P.S. Case no. 157 of 2021 instituted for the offence punishable under Sections 379/420 and 34 of the Indian Penal Code and Section 66(c) of the I.T. Act.

As per allegation in the FIR, petitioner is dealt with a business of depositing and withdrawing money through mobile on the basis of Adhar Card and withdrew Rs. Nineteen thousand from the account of the informant fraudulently. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of money transaction is against co-

Patna High Court CR. MISC. No.16515 of 2022(4) dt.28-11-2022 2/2 accused Bablu Kumar and transferred Rs. 19,000/- in the account of petitioner no. 2. It is further submitted by learned counsel for the petitioners that he has filed supplementary affidavit in which in para 2 of the petitioner it is mentioned that informant has received Rs. 19,000/- from the petitioners, who are their co-villagers and he does not want to contest the case. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Dawath P.S. Case no. 157 of 2021, they will be enlarged 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 learned Judicial Magistrate, 1st Class, Bikramganj (Rohtas) subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U