Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18776 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Pankaj Kumar, S/O- Shambhu Thakur, R/O- Village- Kushi Harpur Horil, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar, Patna 2.

Sishir Kumar, Son of Late Harendra Ojha, R/o Village- Khebara, P.S.- Town, District- Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate Mr. Ghanshyam, Advocate For the Informant :

Mr. Manish Kumar Singh, Advocate Mr. Kundan Kumar, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 27 of 2023 registered for the offence punishable under Sections 406, 467, 468, 420/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he in connivance with the other co-accused persons by forging the signature and documents embezzled the amount of Rs. 22,60,288/- belonging to the investors of Sahara India.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.18776 of 2024(7) dt.16-12-2024 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner being a data entry operator having no role in any transaction as such he was not involved in any financial transaction rather one Kedarnath Jha, Manager, was authorized for such transaction and the amount transferred in the account of the petitioner was his salary due from the informant. However, the petitioner undertakes that he shall not withdraw the said amount from the said account before the disposal of the case. He further submits that charge-sheet has already been submitted in this case. Petitioner is in custody since 27.09.2023 having no criminal antecedent. Petitioner undertakes to cooperate in the trial of this case.

5. Learned counsel for the informant as well as learned APP for the State submit that petitioner may be directed not to withdraw the amount of Rs. 2,51,986/- which was transferred in his concerned account.

6. In view of the submission of the learned counsel for the parties and considering the period of custody and the undertaking given by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.18776 of 2024(7) dt.16-12-2024 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 27 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T