Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47220 of 2022 Arising Out of PS. Case No.-266 Year-2017 Thana- MAHUA District- Vaishali ====================================================== Subodh Kumar Son Of Shyam Je Rai R/O Village- Mohanpur, Dhauraj @ Khira Chak, P.S.- Mahua, District- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 364, 364(A), 420, 467, 468, 34, 120(B) of the Indian Penal Code.
The prosecution case as per F.I.R is that the informant's husband was having Rs. 18,95,056/- in his bank account No. 3452621749 in Central Bank of India, Harpur Branch, Belwa, P.S. Mahua. It has further been alleged that amount from his account got transferred from time to time in Account No. 03548105691
Patna High Court CR. MISC. No.47220 of 2022(5) dt.17-03-2023 2/3 belonging to co-accused Rajesh Singh. It has further been alleged that on 23.08.2017, co-accused, Rajesh Singh called on the mobile phone of informant's brother and informed that petitioner/Subodh Kumar was sitting at Mahua Police Station along with the Police Inspector Ramraji Ram and instructed him to talk to them at Police Station if he wanted his brother-in-law to be released. The informant further alleged that the petitioner and coaccused Rajesh Singh, with the help of other bank officers have withdrawn the money lying in his account and also abducted her husband.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The thrust of accusation is against co-accused Rajesh Singh. The petitioner has no concern either with the husband of the informant or co-accused Rajesh Singh. The petitioner is languishing in custody since 18.05.2022. Moreover, co-
Patna High Court CR. MISC. No.47220 of 2022(5) dt.17-03-2023 3/3 accused Rajesh Singh has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.10.2019 passed Cr. Misc. No. 33106 of 2019. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 266 of 2017.
(Sunil Kumar Panwar, J) Shageer/- U T