Patna High CourtCR. MISC./37856/2022bail granted

Rajesh Kumar v. The State Of Bihar

2023-02-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20647 of 2022 Arising Out of PS. Case No.-506 Year-2021 Thana- NAGAR District- Vaishali ====================================================== MD. JAFAR IKWAL @ MD. ZAFAR EQUBAL @ MD. ZAFAR IQBAL S/o Md. Amiruddin R/o Mohalla- Kolhua Paigamberpur, Ansar Colony, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21453 of 2022 Arising Out of PS. Case No.-506 Year-2021 Thana- NAGAR District- Vaishali ====================================================== NITESH KUMAR SINGH S/O TEJ NARAYAN SINGH Resident of Pupri, P.S.- Kudhani (Turki O.P.), Distt.- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37856 of 2022 Arising Out of PS. Case No.-506 Year-2021 Thana- NAGAR District- Vaishali ====================================================== RAJESH KUMAR Son of Shivchandra Sharma Resident of village - Lahladpur, P.S.- Patepur, District - Vaishali ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 20647 of 2022) For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha (In CRIMINAL MISCELLANEOUS No. 21453 of 2022) For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Jagdhar Prasad (In CRIMINAL MISCELLANEOUS No. 37856 of 2022) For the Petitioner/s :

Mr.Ashish Kumar Ranjan For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ======================================================

Patna High Court CR. MISC. No.20647 of 2022(6) dt.06-02-2023 2/3 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Nagar Thana Hajipur P.S. Case No. 506 of 2021 registered for the offence under Sections 406, 409, 420, 34 of the Indian Penal Code.

As per prosecution story, informant alleged that illegal transaction of Rs. 6,00,000/- has been taken place from his PNB Account no. 1324000100157426 to Account no. 14162191020649 and rest of amount was withdrawn by using CITRUS and UPI apps thereafter this case has been lodged. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case on the basis of suspicion. Learned counsel in respect of petitioner Md. Jafar Ikwal submits that the aforesaid account number to which the alleged money has been transferred, does not belong to the petitioner rather it belongs to one Dhananjay Kumar as has been found during investigation. Learned counsel in respect of petitioner Nitesh Kumar Singh submits that petitioner has neither involved in any type of crime nor police has recovered

Patna High Court CR. MISC. No.20647 of 2022(6) dt.06-02-2023 3/3 any material from his possession which shows that transaction of money has been done through his bank account. It is further submitted by learned counsel in respect of Rajesh Kumar that neither the petitioner is holder of the alleged account number nor any documentary proof against him of alleged transactions of money rather his name arrayed in this present case only on the basis of confessional statement of the co-accused. The petitioners are languishing in judicial custody since 9.10.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Nagar Thana Hajipur P.S. Case No. 506 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) subham/- U T