Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45136 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== NIRANJAN KUMAR S/o UMESH RAM R/o VILLAGE-SHAHPUR, P.SPARASBIGHA, DISTRICT-JEHANABAD, BIHAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2022 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. Prosecution case is that co-accused Gulshan Kumar, Branch Manager, SBI, Pinjaur branch, 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. In inquiry it transpired that the ID and password of the said account had been given by the said Gulshan Kumar to the petitioner, who was in fact operating the said account. It is also alleged that

Patna High Court CR. MISC. No.45136 of 2021(3) dt.25-03-2022 2/3 various amounts on various dates were transferred to the account in question and the same were being illegally transferred from one account to another.

Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. Petitioner's name has figured during course of investigation in confessional statement of co-accused Gulshan Kumar to the effect that in fact petitioner requested for account details and e-banking credential of Gulshan Kumar in lieu of money at the instance of one Ankur Kumar. However, allegation of receiving amount is against co-accused Gulshan Kumar. Petitioner is neither beneficiary of the alleged suspicions transactions nor he has fraudulently used electronic signature, password or any other unique identification feature of any other person and thus offence udner the IT Act is not made out against him. Similarly situated co-accused Ankur Kumar has already been allowed bail by a co-ordinate bench of this Court vide order dated 15.2.2022, passed in Cr.Misc.No. 43388/2021. Petitioner claims clean antecedent and he is in custody since 2.3.2021. Investigation is complete.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on

Patna High Court CR. MISC. No.45136 of 2021(3) dt.25-03-2022 3/3 bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Parasbigha Police Station Case No. 25/2021.

(Prabhat Kumar Singh, J) shashi/- U T