Sujit Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41465 of 2019 Arising Out of PS. Case No.-300 Year-2019 Thana- KOTWALI District- Patna ====================================================== SUJIT KUMAR CHOUDHARY Son of Manoj Kumar Chaudhary As Par Fir Resident of Village - Innov Sources Service Pvt. Ltd. 401 Fourth Floor Kashi Palace, patna at Present resident of Bhitari Begumpur, Sidhe Bazar, P.S.- Bye Pass, Dist.- Patna. Permanent Adress of The Petitioner- Sujit Kumar Choudhary , Resident of Chanpura, P.S.- Benipatti, Dist.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Jha, Adv.
:
Mr. Surya Kant Mishra, Adv.
:
B.B. Jha, Adv.
For the Opposite Party/s :
Mr.Nagendra Prasad, APP.
For the informant :
Mr. Kameshwar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant.
Petitioner, who is in custody, seeks bail in connection with Kotwali P.S. Case No. 300 of 2019 G.R. No. 2884 of 2019 registered for the offence punishable under Sections 417, 418, 419, 420, 120(B) of the Indian Penal Code. Informant has filed a written complaint in which he has stated that at the request of petitioner at his initiative a credit card was issued and delivered by the bank but he could not operate credit card and as such he returned the credit card to the
Patna High Court CR. MISC. No.41465 of 2019(5) dt.30-09-2019 2/3 petitioner but subsequently he came to know that transaction of Rs. 1,46,000/- has been shown from his credit card. He suspects that petitioner is involved in this transaction. It has been submitted on behalf of petitioner that he is the employee of INNOV Sources Service Pvt. Ltd. and it was part of his job to provide credit card to customer of bank. He is innocent and has been falsely implicated in this case on the basis of suspicion. Petitioner is in custody since 12.04.2019. Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner and it was further been brought to the notice of the Court that subsequent to lodging of this FIR, petitioner is also accused in P.S. Case No. 300 of 2019, as such he is not entitled for grant of bail.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Patna, in connection with Kotwali P.S. Case No. 300 of 2019 G.R. No. 2884 of 2019 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and
Patna High Court CR. MISC. No.41465 of 2019(5) dt.30-09-2019 3/3 shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/- U T