Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62391 of 2018 Arising Out of PS. Case No.-34 Year-2017 Thana- HABIBPUR District- Bhagalpur ====================================================== Praveen Kumar, Son of Bhola Das @ Bhola Harijan, Resident of VillagePunsiya Basti, Police Station- Rajaun, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate.

For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Habibpur P.S. Case No.34 of 2017 registered under Sections 406, 420 and 120B of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the petitioner is not named in the F.I.R. One Chhavikant Das cheated the informant by taking Rs.2,00,000/- on the pretext of performing the marriage inducing himself to be selected candidate on the post of P.P.. Later on, the informant also deposited Rs.1,00,000/-, Rs.50,000/-, Rs.10,000/- and Rs.10,000/-, in the account of Chhavikant Yadav. For the first time, Mobile

Patna High Court Cr.Misc. No.62391 of 2018(2) dt.08-10-2018 2/2 No.7992484754, which was used in talking with the informant, was found in the name of the petitioner in investigation. In fact, the petitioner is farmer and lost his aforesaid mobile. Petitioner has no concern, in any way, in cheating the informant. Further submission is that the petitioner having no criminal antecedent is in custody since 22.07.2018.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released 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 the I/C Additional Chief Judicial Magistrate-XII, Bhagalpur, in connection with Habibpur P.S. Case No.34 of 2017. Out of the two sureties, one must be either parents or the close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T