Siya Ram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41362 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- BANKA District- Banka ====================================================== Siya Ram Kumar Son of Upendra Panjiyara Resident of Village - Kalyanpur, Police Station - Banka, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 318(4), 316(2) of BNS.
3. The allegation against the petitioner and the other co-accused persons is that they fraudulently induced and cheated the informant and his friends of a sum of ₹70,00,000 (seventy lakh rupees) on the false pretext of ensuring their success and subsequent appointment in the Constable Recruitment Examination.
Patna High Court CR. MISC. No.41362 of 2025(2) dt.16-07-2025 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that regarding the alleged cash payment, the informant has not brought on record any payment receipt and during investigation, police has not find any transaction made in the account of petitioner or any other co-accused person. De-facto, both parties belong to same vicinity and they were friends to each other. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above as well as considering the fact that on the principle of Pari Delicto ,this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the
Patna High Court CR. MISC. No.41362 of 2025(2) dt.16-07-2025 3/3 date of receipt/production of this order and in the event of his arrest or surrender in connection with Banka P.S. Case no. 105 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).
(S. B. Pd. Singh, J) Nirajkrs/- U T