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Patna High CourtCR. MISC./47893/2022bail rejected

Manjay Kumar Singh v. The State Of Bihar

2023-02-28Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47893 of 2022 Arising Out of PS. Case No.-596 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MANJAY KUMAR SINGH S/O BHARAT PRASAD SINGH @ BHARAT SINGH Resident of village- Pupri P.S.- Kurhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 50080 of 2022 Arising Out of PS. Case No.-596 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MD. ZAFAR IQBAL S/o Amiruddin R/o village- Kolhuya Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 47893 of 2022) For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Abhay Kumar,APP (In CRIMINAL MISCELLANEOUS No. 50080 of 2022) For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2023 Learned counsel for the petitioners is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and the learned A.P.P. for the State in both the applications. The petitioners seek bail in a case registered for the

Patna High Court CR. MISC. No.47893 of 2022(3) dt.28-02-2023 2/3 offence under Sections 420,379,467,468,471,120(B) of the Indian Penal Code.

As per the prosecution case, as a result of online fraud a total sum of Rs. 1,07,50,000/- was misappropriated from the account of the informant.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. Further submits that it appears from the FIR that the present FIR has been instituted against the Employees and Officers of the Bank and the Telecommunication Operator. Petitioners are not named in the FIR. The name of the petitioners have been transpired during investigation. Petitioners were arrested in Town P.S.Case No. 487 of 2021 and they are remanded in the present case. Further submits that except the confessional statement of the petitioners and other co-accused persons, no other cogent material has come during investigation against the petitioners.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioners and submits that the bail application of co-accused, namely, Nitesh Kumar Singh has been rejected by a Coordinate Bench of this Hon'ble Court vide order dated 12.08.2022 passed in Cr. Misc.

Patna High Court CR. MISC. No.47893 of 2022(3) dt.28-02-2023 3/3 No.26771 of 2022.

Considering the aforesaid facts, I am not inclined to enlarge the petitioners on bail in connection with Town P.S. Case No.596 of 2021 pending in the court of learned C.J.M., Muzaffarpur.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T