Subodh Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34711 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MAHESHKHUNT District- Khagaria ====================================================== Subodh Chaurasiya, Son of Late Nageshwar Prasad, Resident of VillageTelaunchh, P.S.- Chautham, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 26.01.2019 in a case registered for the offences punishable under Sections 406, 419, 420, 467, 468 and 471/34 of the Indian Penal Code.

The prosecution case as per the written report of Biji Sah submitted to the Station House Officer of Maheshkhunt Police Station is to the effect that the son of the informant, Rupak Kumar died in a road accident in Haryana and the informnat brought the dead body of his son to his native place and cremation was performed. Subsequently, co-accused Praveen Kumar Ranjanj @ Vivek Chaurasiya came to the informant and suggested that he will keep in getting the money

Patna High Court CR. MISC. No.34711 of 2019(2) dt.28-05-2019 2/3 from Insurance Company and took the photographs of the deceased son of the informant and photocopy of Aadhar Card and Voter Identity Card of the informant and his wife. It is alleged that after some days, co-accused Praveen Kumar Chaurasiya @ Vivek Chaurasiya came at the house of the informant and took the informant to the house of the petitioner, Subodh Chaurasiya and they took the signature of the informant on many blank papers and also took his pictures on a mobile phone and they assured that the informant will get Rs.One lakh from Insurance Company. Subsequently, the informant came to know that Rs.Twenty Two lakhs has been transferred into his bank account which has maliciously been transferred in the account of Sanjay Chaurasiya fraudulently.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against co-accused Praveen Kumar Chaurasiya @ Vivek Chaurasiya who persuaded the informant for getting the insurance money of the deceased son of the informant, Rupak Kumar which has fraudulently been transferred in the bank account of co-accused Sanjay Chaurasiya. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner in connivance

Patna High Court CR. MISC. No.34711 of 2019(2) dt.28-05-2019 3/3 with other co-accused persons cheated the informant of his huge amount of money.

Considering the thrust of accusation against coaccused Praveen Kumar Chaurasiya @ Vivek Chaurasiya and investigation has already been concluded, coupled with the statement made in paragraph 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 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Khagaria in connection with Maheshkhunt P.S. Case No. 12 of 2019.

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