Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42236 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -BAHADURPUR District- PATNA ====================================================== Manoj Kumar Son of Madan Mandal, R/o Village- Daulatpur, Ward No.1, P.S.- Jamui, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Bahadurpur P.S. Case No. 101 of 2017 read with G.R. No. 1866 of 2017 for offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that he received secret information that some gang is involved in duping the people of their money on the pretext of depositing the money for quick return in the bank. The gang takes out the money through A.T.M.. The petitioner and other co-accused were apprehended and raid was conducted in the house of the petitioner and from his

Patna High Court Cr.Misc. No.42236 of 2017 (3) dt.18-10-2017 2/3 possession some cash and A.T.M. cards were recovered. Accordingly, seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and none of the persons have come forward claiming that the money deposited has been duped by any person. He submits that no overt act has been alleged to have been committed and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and the petitioner is languishing in judicial custody since 31.05.2017.

However, learned APP for the State opposes the prayer for bail stating therein that the apprehended petitioner was the part of the gang operating by duping persons by assuring quick return on their deposits in bank and as many as 18 A.T.M. cards have been found in the possession of the petitioner and it is very improbable that the person would keep so many A.T.M. cards of the banks.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Bahadurpur P.S. Case No.101 of 2017 read with G.R.

Patna High Court Cr.Misc. No.42236 of 2017 (3) dt.18-10-2017 3/3 No. 1866 of 2017, pending in the court of learned Additional Chief Judicial Magistrate-11nd, Patna City, District-Patna. The application is, accordingly, rejected.

However, the petitioner may renew his prayer for bail after framing of the charge.

(Nilu Agrawal, J) Devendra/- U T