Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30159 of 2023 Arising Out of PS. Case No.-435 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Rajesh Kumar Son Of Shiv Chandra Sharma Resident Of Village- Lahladpur, Ps- Patepur, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420 and 379 of the Indian Penal Code and Section 66(D) of I.T. Act.

3. As per prosecution case, there is illegal transaction of Rs. 9,10,000/- from the account of the informant through NEFT. It is further alleged that the alleged money was credited in the bank account of one Rajesh Manna and there is collusion of bank and its employee in this illegal transaction of amount.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the

Patna High Court CR. MISC. No.30159 of 2023(6) dt.29-11-2023 2/2 alleged occurrence and also no any amount has been credited in the account of this petitioner rather the amount has been credited in the account of one Rajesh Manna. Only on the basis of confessional statement of other co-accused persons, he has been dragged in this case. Moreover, the petitioner is languishing in judicial custody since 12.04.2022.

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

6. 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 after framing of charge if the charge is not framed in connection with Motihari Town P.S. Case No. 435 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari.

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