Pradip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37079 of 2023 Arising Out of PS. Case No.-122 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Pradip Kumar Son Of Dharmendra Kumar Resident Of Village - Nayachak, P.S. - Ben, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Ritwik Thakur, Advocate Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bihar P.S Case No. 122 of 2023 dated 08.02.2023 registered for the offences punishable under Sections 419, 420, 467, 468, 471 read with 34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is of depositing and withdrawing an amount of Rs. 23,17,019.64 from the Canara bank, Poolpar, Biharsharif Branach. Later on his account was blocked by the monitoring

Patna High Court CR. MISC. No.37079 of 2023(2) dt.07-07-2023 2/3 system. When the petitioner was called for KYC it came to knowledge that the petitioner had given Adhar Card with wrong address and he stated that he used to do Cyber fraud. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that no any account holder of the Canara Bank, Poolpar, Biharsharif Branch made any grievance with regard to the withdrawal and deposit of any amount from his account by the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.02.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection with Bihar P.S Case No. 122 of 2023, with the conditions:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.37079 of 2023(2) dt.07-07-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

2. If the petitioner is found involved in similar nature of offence in future, the prosecution will have liberty to move for cancellation of his bail bonds.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T