Sanjay Umakar @ Sanjay Umarkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34865 of 2024 Arising Out of PS. Case No.-94 Year-2013 Thana- WARISNAGAR District- Samastipur ====================================================== Sanjay Umakar @ Sanjay Umarkar Son Of Gaya Prasad @ Gaya Prasad Umarkar R/O - Vill/ Mohalla-Dhobisarra, P.S- Barghat, Dist- Seoni (MADHYA Pradesh) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Harendra Nath Ojha, Adv.
Mr. Radha Raman Ray, Adv.
Mrs. Dimpal Kumari, Adv.
For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 406, 420, 467, 468 and 34 of the Indian Penal Code.
3. Prosecution case is that the informant is a businessman and he saw an advertisement in Dainik Jagran News Paper that for constructing of house Sri Dhan Lakshmi Finance Company provided loan for that on which mobile number was of the petitioner and one Pankaj. It is further alleged that the informant has made connection with both the persons, thereafter, he gave an application and deposited Rs. 5500/- and Rs. 10,000/- in Account No. 31781804536 of State
Patna High Court CR. MISC. No.34865 of 2024(2) dt.17-05-2024 2/3 Bank of India. It is further alleged that when the informant went to the bank for withdrawal of money then the Bank replied that signature has not been tallied. Thus, the informant was cheated by the petitioner from different sorts.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the petitioner is a Trade Automobile Technician serving with Air Force Station Bhuj (Gujrat) at present. He submits that the petitioner had initially joined on 29.01.2011 and during the alleged occurrence i.e. 28.07.2012 to 23.02.2013, he was posted at Avadi Chenni, and then at Chauba Assam. He submits that although the Account No. 31781804536 is of petitioner but he had not received ATM card of that account by the SBI, Barghat branch by which some amount in different times had been withdrawn through different ATM at Faridabad. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application and he is languishing in judicial custody since 14.03.2024.
5. Learned APP for the State opposes the prayer for bail.
Patna High Court CR. MISC. No.34865 of 2024(2) dt.17-05-2024 3/3
6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Waris Nagar P.S. Case No. 94 of 2013.
(Anjani Kumar Sharan, J) devendra/- U T