Sudama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25663 of 2019 Arising Out of PS. Case No.-531 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== SUDAMA KUMAR Son of Shankar Tanti Resident of Village - Sadipur Diiyara, P.O.- Gokhle Nagar Bishanupur, P.s.- Ballia, Distt.- Begusarai. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The General Manager, State Bank of India, Local head office, Judges Court Road, Patna.

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 531/2018 registered for the offence punishable under Sections 419/420 of the Indian Penal Code.

Though a counter affidavit has been filed on behalf of the State of Bank of India, there is no representation on its part and the matter is being disposed of after consideration of the averments made in the said counter affidavit. Heard learned counsel for the petitioner who submits that the entire allegation is based on conjecture and surmises and the petitioner is a poor person who has no role to play. It is further submitted that the nature of allegations is so vague that it

Patna High Court CR. MISC. No.25663 of 2019(5) dt.19-07-2019 2/2 would not inspire to pursue any prosecution against the petitioner who is a poor man and has a paltry bank balance. The petitioner is wholly unaware as to how the money came into his account and, thereafter, even debited from his account. He has absolutely no role to play in the same nor is there any evidence available to indicate his implication.

Having considered the entire facts and circumstances and on the submission of learned counsel for the State that the diary does not contain any thing more than that has been alleged in the F.I.R. and also that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria, in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 531/2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T