Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37435 of 2023 Arising Out of PS. Case No.-10 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Sintu Kumar S/O Gajendra Paswan R/O Village. Mohanpur, Ps. Khodawandpur, Dist. Begusarai ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khodawandpur (Chhourahi O.P.) P.S. Case No. 10 of 2022 registered for the offence under Sections 419, 420, 467, 468, 471, 472, 120(B) and 506 of the Indian Penal Code and Section 27 of Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 08.01.2023.

The allegation against the petitioner is to cheat informant alongwith other named co-accused persons for a sum of Rs. 11,59,350/- against a job of Group D of Indian Railway.

Patna High Court CR. MISC. No.37435 of 2023(3) dt.03-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the petitioner himself is a victim of circumstances, as he received payments under instruction of coaccused Arun Paswan, who is none but maternal uncle, in good faith. It is submitted that the amount as deposited, given back to co-accused Arun Paswan after withdrawal. It is also submitted that the amount as alleged was not returned back to informant by co-accused Arun Paswan, where occurrence is of 2018 and for that reason implication was raised in the year 2022 against petitioner, being relative. It is submitted that save and except involvement of bank account, no incriminating material recovered/surfaced against this petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as thrust of allegation is available against co-accused Arun Paswan, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 08.01.2023 accordingly, petitioner above named, is directed to

Patna High Court CR. MISC. No.37435 of 2023(3) dt.03-07-2023 3/3 be released on bail in connection with Khodawandpur (Chhourahi O.P.) P.S. Case No. 10 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T