Kallu Singh @ Sujeet Kumar @Sujeet v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6460 of 2017 Arising Out of PS.Case No. -178 Year- 2016 Thana -WARSALIGANJ District- NAWADA ======================================================
1. KALLU SINGH @ SUJEET KUMAR @SUJEET S/o Motuho Singh @ Birendra Singh R/o -Vill- Dariyapr, P.S.- Warsaliganj, Distt. Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 05.12.2016 in connection with Warsaliganj P.S.Case No. 178 of 2016 for offences punishable under Sections 419, 420, 379, 467, 468, 471 and 120 (B)/34 the Indian Penal Code. The prosecution case is that the petitioner is a member of an organized gang of some persons, who opens fake accounts in different Banks in fake names for fraudulent money transactions and co-accused, Sonu Kumar was arrested by the police, while withdrawing money from one such account at Punjab National Bank, Warsaliganj . That account had been closed on the direction of the Nodal Officer of P.N.B. Ernakulam and several
Patna High Court Cr.Misc. No.6460 of 2017 (2) dt.06-03-2017 2/3 fake pass-books, Id. Proof etc. were seized by the police in this case from the possession of accused, Bipul Singh. It has been submitted by the learned counsel for the petitioner that petitioner's name has surfaced on the confessional statement of one Bipul Singh, who has been named in the F.I.R. by co-accused, Sonu Kumar. He further submits that nothing incriminating has been found from the house of the petitioner and it is only on the basis of confessional statement of co-accused, which has no evidentiary value in the eye of law, he has been made accused. He also submits that co-accused Bipul Singh in whose house some money was recovered, has since been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 43004 of 2016 on 13.12.2016. However, learned APP for the State submits that the petitioner has been named by the co-accused, hence, opposes the prayer for bail.
Considering the facts and circumstances, let petitioner, above named, be enlarged 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 Sub Divisional Judicial Magistrate, Nawada in connection with Warsaliganj P. S. Case No. 178 of 2016, subject to the condition
Patna High Court Cr.Misc. No.6460 of 2017 (2) dt.06-03-2017 3/3 that the petitioner is directed to appear before the police/ Court on each and every date and failure to appear before the Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Sudha/- U T