Chandan Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32570 of 2023 Arising Out of PS. Case No.-650 Year-2022 Thana- NAWADA District- Nawada ====================================================== Chandan Kumar Pathak S/O Late Alakhdeo Pathak R/O Village- Parhanda, P.S.- Cherki (Bodh Gaya), Distt.- Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Arun For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner and co-accused person is that they on false pretext of mobile recharge insurance cheated total Rs. 5,66,830/- of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner as well as the informant was an employee of the Gujrat based RFU Company and the petitioner is also a victim of fraud so no

Patna High Court CR. MISC. No.32570 of 2023(3) dt.23-08-2023 2/2 case of criminal breach of trust is made out against him. It is further submitted that the informant has not submitted his transaction I.D. of payment and he has also not disclosed his UTR(Unique Transaction Reference) No. in the FIR. The petitioner is languishing in judicial custody since 19.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada Town P.S. Case No. 650 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Nawada.

(Sunil Kumar Panwar, J) Manishkumar/- U T