Kusumlal Das @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31723 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== KUSUMLAL DAS @ RAHUL KUMAR S/o Jagdish Das R/o Village- Gairia, Ward No. 03, P.S.- Kadwa, Distt.- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Udakishunganj P.S. Case NO. 25/2019, instituted for offences under Section(s) 467, 468, 419, 420, 120(B) and 406/34 of the Indian Penal Code. It is alleged in the written report that one Rahul Kumar in the name of Utkarsh Small Finance Bank Limited Group collected Rs. 300/- each from the informant and other 29 persons. It is further alleged that he also collected Rs. 300/- each from other 26 persons in the name of two other Groups to provide insurance and loan to them. Aforesaid Rahul Kumar was brought to police station. When informant learnt about this fact, he went to the police station and identified him as the person who had collected total Rs. 45,000/- from 75 persons in

Patna High Court CR. MISC. No.31723 of 2019(4) dt.15-07-2019 2/3 the name of a Group for providing loan to them and after maturity the amount was not returned to them. In this regard people had made contact with that person but he did not receive their calls. It is further alleged that all the money from the people was realized through one Md. Firoz but he is denying the same. It is alleged that actual name of apprehended person is Kusumlal Das (petitioner).

Learned counsel for the petitioner has submitted that during entire investigation nobody has made complaint about collecting money by the petitioner. There is no document on record to show that petitioner had collected money from the informant and others. In the entire F.I.R., there is allegation against Rahul Kumar but in the last para of the F.I.R. informant has alleged that Rahul Kumar is Kusumlal Das. Thereafter petitioner has been remanded in this case.

Petitioner is in custody since 23.01.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Udakishunganj, in connection with

Patna High Court CR. MISC. No.31723 of 2019(4) dt.15-07-2019 3/3 Udakishunganj P.S. Case NO. 25/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T