Raju Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47608 of 2021 Arising Out of PS. Case No.-147 Year-2017 Thana- DERNI BAZAR District- Saran ====================================================== RAJU BISWAS Son of Uttam Biswas R/O- village - Dhobi Ghat, P.S.- Arbindo, Durgapur, District - Bardwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Derni P. S. Case No.147 of 2017, instituted for the offences under Sections 379, 420 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 11.04.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that in between 31.07.2017 to 06.12.2017, money has been withdrawn fraudulently from his account of the bank and now the informant is left with only Rs.2585.82/-, when he had Rs.4,67,290.52/- in his account.

Patna High Court CR. MISC. No.47608 of 2021(3) dt.09-02-2022 2/3 The learned counsel for the petitioner submits that petitioner is an illiterate person and as such, is not aware that how an amount of Rs.33,500/- was credited in his account from the account of the informant. The learned counsel further submits that during the course of investigation, it has come that several accused persons were involved in committing the occurrence and the money in the account of the accused persons was also credited from the account of the informant. The learned counsel further submits that petitioner being an illiterate person was used by the accused persons, but he is ready and willing to return the amount of Rs.33,500/- which got credited in his account from the account of the informant.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and is ready to deposit Rs.33,500/- in the account of the informant, as such, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-7th/ concerned Court, Saran at Chapra in connection

Patna High Court CR. MISC. No.47608 of 2021(3) dt.09-02-2022 3/3 with Derni P. S. Case No.147 of 2017, subject to condition that one of the bailers shall be the father of the petitioner namely, Uttam Biswas and in future, the petitioner is implicated in a case of similar nature, the learned Court below will forthwith cancel his bail bonds. The petitioner shall be released only after the amount is credited in the account of the informant for which the learned Court below will ask the informant to provide his bank details to the petitioner.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T