Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29626 of 2019 Arising Out of PS. Case No.-662 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AJAY KUMAR Son of Late Naresh Das Resident of Village- Harakh, P.S.- Begusarai Town, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 21.11.2018 in a case registered for the offences punishable under Sections 419, 420, 467 and 468 of the Indian Penal Code.

The prosecution case as per the written report of Additional Collector, Sri Anil Kumar Sinha on the direction of the District Magistrate, Begusarai is to the effect that an enquiry was conducted on the direction of the District Magistrate with regard to misappropriation of fund in the several schemes under the Chief Minister' Seven Resolutions, when it was found that Rs.2,87,000/- was deposited in the bank account of one Prabhat Kumar Sinha, in Punjab and

Patna High Court CR. MISC. No.29626 of 2019(4) dt.16-11-2019 2/3 Sindh Bank, Begusarai, leading to registration of the FIR against Prabhat Kumar Sinha, but during investigation, the name of the petitioner sprang up as a person who mediated coaccused, Prabhat Kumar Sinha and others. It is submitted by learned counsel for the petitioner that the alleged money was not transferred in the bank account of the petitioner and co-accused, Prabhat Kumar Sinha on whose bank account, the money was transferred, has been granted bail by a Co-ordinate Bench of this Court vide order dated 30.08.2019 passed in Criminal Miscellaneous No. 35742 of 2019. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State after going through the case diary submits that the petitioner mediated with the main accused, Prabhat Kumar Sinha.

Considering the fact that the main accused, Prabhat Kumar Sinha in whose account the said money was transferred, has been granted bail, the investigation already being concluded, coupled with statement made in para no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail

Patna High Court CR. MISC. No.29626 of 2019(4) dt.16-11-2019 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai, in connection with Begusarai Town P.S. Case No. 662 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T