Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 18986 of 2020 Arising Out of PS. Case No.-33 Year-2019 Thana- SHAHKUND District- Bhagalpur ====================================================== LALAN KUMAR Son of Satyanarayan Das Resident of Amim Bazar @ Kasim Bazar, P.S.- Kasim Bazar, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Md Najmul Hodda, Advocate For the Opposite Party/s :

Dr Mrityunjaya Kr Gautam, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Shahkund Police Station (for brevity, PS) Case No 33 of 2019 instituted for the offence punishable under Section (s) 406, 409, 419, 420, 467, 468, 471, 34, 120B of Indian Penal Code.

Acting on the basis of a rumour in the village that money has been withdrawn from accounts of the Customer Service Center (for brevity, CSC), Harpur of the State Bank of India, informant went to the CSC and found the same locked. It is under such circumstance that the first information report has been lodged.

It is submitted by the learned counsel for the petitioner

Patna High Court CR. MISC. No.18986 of 2020(4) dt.02-07-2020 2/3 that co-accused Rajnish Kumar was in fact the operator of the CSC. The money, due to 41 customers, has been returned by other co-accused Santosh Kumar. The petitioner has no concern with the CSC in question and he has falsely been implicated in this case because of his proximity with the other co-accused persons. He is in custody since 01.01.2020. Co-accused Santosh Kumar has been granted bail by this Bench in Cr Misc No 18237 of 2020.

Learned APP has opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bhagalpur in connection with Shahkund PS Case No 33 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail

Patna High Court CR. MISC. No.18986 of 2020(4) dt.02-07-2020 3/3 bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T