Shankar Kumar @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41162 of 2023 Arising Out of PS. Case No.-21 Year-2017 Thana- AIRPORT District- Patna ====================================================== Shankar Kumar @ Pankaj Kumar Son Of Pramod Sah Resident Of Mohallah - Naveen Vikash Vidyalya Ajanta Colony, P.S.- Patliputra, District - Patna At Present Rental House Of Sri Surendra Singh R/M - Keshri Nagar Nala Per, Baba Chowk, P.S.- Patliputra, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 409, 419, 420, 468, 471 and 34 of the Indian Penal Code. Prosecution cas,e in short, is that petitioner along with one co-accused person had taken loan of Rs. 2,69,000/- from the bank on the pretext of fake jewellery and documents. This petitioner has taken Rs. 92,114/- out of total amount. Thereafter this case has been registered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.41162 of 2023(2) dt.14-07-2023 2/3 falsely been implicated in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It is also submitted that the petitioner has taken Rs. 92,114/- so the liability goes to him to deposit the above said amount to the concerned bank. Moreover, he is languishing in judicial custody since 30.04.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

The petitioner is ready to deposit the aforesaid amount i.e. 92,114/- (Rs. Ninety two thousand one hundred fourteen) which is alleged to be taken as a loan on the basis of forged documents and counterfeit jewelery.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hawai Adda P.S. Case No. 21 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Patna. The bail bond of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of

Patna High Court CR. MISC. No.41162 of 2023(2) dt.14-07-2023 3/3 Rs. 92,114/- (Rs. Ninety two thousand one hundred fourteen) in the concerned bank .

The aforesaid payment will be subject to final adjudication of the case.

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