Sanjay Chaurasia @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21105 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MAHESHKHUNT District- Khagaria ====================================================== SANJAY CHAURASIA @ SANJAY KUMAR, Son of Late Raghuni Chaurasia @ Late Raghunandan Chaurasia, Resident of VillageMaheshkhunt Bichli Tola, P.S.- Maheshkhunt, District- Khagaria, Bihar 851213 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddhartha Prasad, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP Mr. Chandan Kumar Kashyap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 30-05-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Maheshkhunt P.S. Case No.12 of 2019 instituted for the offence under Section(s) 406, 419, 420, 467, 468, 471/34 Indian Penal Code. In the written report, it is alleged that younger son of the informant died in road accident in Haryana. It is alleged that one agent, Pravin Kumar, had approached the informant after 15 days of cremation with promise to help him in getting insurance claim. It is alleged that Pravin Kumar obtained few photographs, ID of the deceased son, and other papers and signature of the informant and his wife so that the informant

Patna High Court CR. MISC. No.21105 of 2019(3) dt.30-05-2019 2/3 could get the claim. One day, the informant went to Maheshkhunt Chowk along with Pravin Kumar and met with one Subodh Chaurasia and this petitioner. Thereafter, all the three persons took his signature on blank paper and said that he will get the claim of rupees one lac soon. Thereafter, the informant learnt that all the three above named persons have opened account in the name of the informant and misappropriated rupees twenty-two lacs which has been credited by the Insurance Company as insurance claim.

Counsel for the petitioner submits that there is no specific mention in the written report about the account number in which amount has been credited and the person, who has withdrawn money.

Learned APP has submitted that one Sunita Devi has stated in para 14 of the case diary that she has also been cheated. This petitioner and other accused have opened fake account and misappropriated the money.

This Court finds from the allegation that there is direct allegation against co-accused, Pravin Kumar, in getting photographs, ID of the deceased son, and other papers as well as signature of the informant and his wife. The informant had gone to Maheshkhunt Chowk along with Pravin Kumar and met with

Patna High Court CR. MISC. No.21105 of 2019(3) dt.30-05-2019 3/3 one Subodh Chaurasia and this petitioner. There is general and omnibus allegation that this petitioner along with Subodh Chaurasia took his signature on blank paper.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Khagaria, in connection with Maheshkhunt P.S. Case No.12 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T