Bikash Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30732 of 2023 Arising Out of PS. Case No.-272 Year-2021 Thana- JADIA District- Supaul ====================================================== 1.

BIKASH KUMAR @ CHHOTU Son of Rajesh Yadav Resident of Village - Hirapatti, P.S.- Jadia, District - Supaul.

2.

Subhash Kumar Yadav Son of Hari Yadav Resident of Village - Nawdihi, P.S.- Jadia, District - Supaul.

3.

Ramballav Kumar @ Ramballav Yadav SON OF RAMCHANDRA YADAV Resident of Village -Chakardaha P.S.- Jadia, District - Supaul. 4.

Samod Kumar Son of Jay Prakash Resident of Village - Guria, P.S.- Jadia, District - Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramesh Kumar Son of Gyani Yadav Resident of Village - Nawdihi Gudiya, Ward No.- 09, P.S.- Jadia, District - Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narsingh Tanti, Adv.

For the State :

Mr.Ratan Kumar, APP For the Informant :

Mr. Rajesh Kr. Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2023 Heard the learned counsel for the petitioners and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Jadia P.S. Case No.272 of 2021, registered for offences under Sections 467, 468, 471, 406, 409, 120B and 34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein, having

2/4 engaged in fraudulently adding the name of residents of Guriya Panchayat, under the Chief Minister Old Age Pension Scheme, by changing their date of birth in their Aadhar Card with the motive of fraudulently getting the pension amount sanctioned and then swindling the same. It is further alleged that the petitioners and other accused persons were preparing forged documents, by using computer etc. and had withdrawn a huge sum of money from the Government account in a fraudulent manner.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that a superficial allegation has been levelled against the petitioners and in fact there is no specific incident of the petitioners having any complicity in the alleged occurrence.

Per contra, the learned APP for the State and the learned counsel for the informant have

3/4 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that there does not appear to be any specific incident of the petitioners having illegally and fraudulently withdrawn the pension amount, which in view of this Court is a subject matter of further investigation, upon the petitioner joining investigation, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V,

4/4 Supaul in connection with Jadia P.S. Case No.272 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is further directed that the petitioners shall mark their presence before the officer-incharge of the concerned police station at 10:00 am. on every Monday, starting from the day they are released on bail, and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically and the petitioners shall be taken into custody, forthwith.

(Mohit Kumar Shah, J) sonal/- U T