Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32853 of 2020 Arising Out of PS. Case No.-244 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== AMAR KUMAR Son of Ratan Barma R/o Bishnu Cinema Chauk, Lohiya Nagar Ward No. 31, P.S.- Town, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Nagar (Aurangabad) P.S. Case No. 244 of 2019 registered under sections 419, 420, 467, 468, 471 and 120 B of the Indian Penal Code and section 66(c) of the Information Technology Act.

As per allegation in the FIR, it is stated by the informant that some of the accused persons in conspiracy with the officials of the Bank took out a sum of Rs. 2 lakhs and Rs. 2.5 lakhs after encashing his two cheques.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. He was falsely implicated in Sachivalay P.S. Case No. 249 of 2019 registered under sections 420, 467 and 468 of the Indian Penal Code and as a result thereof subsequently he is being falsely implicated in

Patna High Court CR. MISC. No.32853 of 2020(4) dt.19-01-2021 2/2 the instant case. It is submitted that the only material against him is that some of the bank officials identified a person wearing a white shirt as being the petitioner herein. The petitioner is the person wrongly identified in the CCTV footage and in fact while the occurrence is alleged to have taken place in Aurangabad, the petitioner was residing at Begusarai. Besides the above case, he has no other antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner being in custody since 10.2.2020 and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nagar (Aurangabad) P.S. Case No. 244 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad.

(Partha Sarthy, J) sushma/- U T