Abhay Kumar Gautam @ Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21296 of 2023 Arising Out of PS. Case No.-181 Year-2021 Thana- BHORE District- Gopalganj ====================================================== Abhay Kumar Gautam @ Amit Kumar Singh Son Of Late Vishwanath Singh Resident Of Shivpuri Belwana, Motihari, Ps Town Thana, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr.Binod Kumar Sinha, Advocate Mr. Ajay Kr Prasad, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, Advocate For the State Mr Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 406 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner is that he committed cheat and fraud as well as criminal breach of trust from the concerned 109 persons including the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per Supplementary

Patna High Court CR. MISC. No.21296 of 2023(5) dt.19-07-2023 2/2 Affidavit, it appears that the petitioner is ready to deposit embezzled amount of Rs. One lac (1,00,000/- Rs.) to the informant. It is further submitted that the petitioner is languishing in judicial custody since 21.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhore P.S. Case No. 181 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. One lac (1,00,000/-) to the informant.

The aforesaid payment will be subject to final adjudication of the case.

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