Ankur Kumar @ Ankur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43388 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== ANKUR KUMAR @ ANKUR S/o Ramesh Thakur Resident of VillageMadhopur Keso, P.S.- Rajepur, District- Motihari (East Champaran) ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Parasbigha P.S. Case No. 25/2021, registered for the offence punishable under Sections 419, 420, 465, 468, 467, 471, 120(B) of the Indian Penal Code and Section 66(c) of the I.T. Act.
2/4 The case of the prosecution, as per the written report of the informant i.e. the Branch Manager, State Bank of India, Pinjaur Branch, is that one co-accused person, namely, Gulshan Kumar, had opened an account in which certain amount had been transferred whereupon, the Bank was informed by the Federal Bank that the said amount has been transferred illegally, hence the same be returned back. It is further alleged that after investigation and inquiry being made from the said co-accused person, namely, Gulshan Kumar, it has transpired that the ID and password of the said account had been given by the said Gulshan Kumar to one other co-accused person, namely, Niranjan Kumar, who was in fact operating the said account. It is also alleged that various amounts on various dates were transferred to the said account in question and the same were being illegally transferred from one account to another. It has also been alleged that same type of illegal transactions were also being done by the other accused persons
3/4 including the petitioner herein.
The learned Senior Counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 2.3.2021. The learned Senior Counsel for the petitioner has further submitted that as far as the petitioner is concerned, he is a student, he has been falsely implicated in the present case merely on suspicion inasmuch as the fact is that the informant of the present case has not found any amount to have been transferred in or out of the account of the petitioner in an illegal manner or regarding the petitioner having withdrawn any amount from the account of the co-accused person, namely, Gulshan Kumar.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the
4/4 petitioner and taking into account the materials available on record as also considering the fact that there is no whisper of any sort of illegal transaction qua the petitioner herein and moreover, the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Parisbigha P.S. Case No. 25/2021. (Mohit Kumar Shah, J) Ajay/- U T