Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31372 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== Saurav Kumar, Son of Anil Chaurasiya, Resident of village - Manjhway, P.S. - Hisua, Distt. - Nawada (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Buniyadganj P.S. Case No.38 of 2023 registered for the offences punishable under Sections 406, 420, 467 and 468 of the Indian Penal Code.

3.

The accused/petitioner is not named in the FIR and is in custody since 05.02.2023.

4.

Allegation against the petitioner is to cheat the informant and while cheating so, fraudulently transferred cash of Rs.34,800/- from his account with help of named co-accused person.

5.

It is submitted by learned counsel that as per narration of FIR, the thrust of allegation is available against named co-accused, Tinku Kumar, where name of this petitioner

Patna High Court CR. MISC. No.31372 of 2023(3) dt.04-08-2023 2/3 surfaced during the course of investigation on the basis of confessional statement of said co-accused Tinku Kumar, where in furtherance of, no incriminating material recovered/surfaced as to connect the petitioner with present occurrence of cheating. It is submitted that the maximum allegation what appears against this petitioner is to work as an associate of named coaccused, Tinku Kumar. While concluding argument, it is submitted that the petitioner found involved in one more criminal case, where he is on bail and moreover investigation of this case is completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances and by taking note of fact as thrust of allegation qua cheating is available against named co-accused, namely, Tinku Kumar and not against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 05.02.2023, accordingly, the petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.31372 of 2023(3) dt.04-08-2023 3/3 like amount each to the satisfaction of the learned A.C.J.M.- VIII, Gaya in connection with Buniyadganj P.S. Case No.38 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T