Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32775 of 2016 Arising Out of PS.Case No. -88 Year- 2012 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ajay Kumar, S/o Nagina Thakur, resident of village - Sheetalpur Tola, Hata Harpur, P.S. Chakia, Distt. - East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sangeet Deokuliar, Advocate. For the Opposite Party : Mr. Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sikarpur P.S. Case No. 88 of 2012 for the offences instituted under Sections 406 and 420 of the IPC.

The prosecution story, in brief, is that on 01.03.2012, at about 10.00 P.M., the informant received a call from Miss Puja from Mobile No. 00923472121496 on his Mobile No. 9771360203 and it was stated that Rs. 25,00,000/- has been drawn in favour of the informant. She directed to talk with Rohit Mehra. On direction given by Rohit Mehra, the informant deposited Rs. 1,31,500/- in different bank account numbers.

Patna High Court Cr.Misc. No.32775 of 2016 (2) dt.13-12-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has been made accused in the present case due to mistake of fact. It is further submitted that the petitioner is ready to deposit an amount of Rs. 25,000/- in the court below which shall be subject to final disposal of the case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 25,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Shikarpur P.S. Case No. 88/2012 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T