Siddharth Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58336 of 2017 Arising Out of PS. Case No.-123 Year-2017 Thana- HARNAUT District- Nalanda ====================================================== Siddharth Kumar, son of Sri Ram Pravesh Yadav, resident of VillageChakdaulatpur, P.O.- Lakhanpura, Police Station- Bakhtiyarpur, DistrictPatna. ... ... Petitioner
Versus
1. The State of Bihar.
2. The State Bank of India, through the Branch Manager, Hemlata Sinha, wife of Ranjeet Kumar, S.B.I. Branch, Ranchi Road, Harnaut, District- Nalanda. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Lalan Kumar For the Opposite Party/s :
Mr. SRI ASHOK KUMAR SINGH For S.B.I. : Mr. Satya Prakash Tripathy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel representing State Bank of India opposite party no. 2.
The petitioner apprehends his arrest in connection with Harnaut P. S. Case No. 123 of 2017 registered for the offences punishable under Sections 420, 406 of the Indian Penal Code. Allegedly, in the account of co-accused Rajiv Ranjan heavy transaction of Rs. 8,50,000/- has been made in four days and he could not give satisfactory reply and accordingly, the FIR has been lodged against him. During investigation Rajiv Ranjan confessed his guilt stating the name of the petitioner that the petitioner gave idea to cheat the people in the name of winning
Patna High Court Cr.Misc. No.58336 of 2017(3) dt.18-01-2018 2/3 lottery and on the instigation of the petitioner he opened saving account and started cheating the people in the name of winning lottery.
Submission is of false implication and that the petitioner is not named in the first information report, besides confessional statement there is no other material against the petitioner to connect him with the co-accused Rajiv Ranjan. The petitioner has no concern with the co-accused Rajiv Ranjan who has been allowed regular bail vide Cr. Misc. No. 49580 of 2017 by another co-ordinate Bench of this Court vide annexure-3. The petitioner has got no criminal history and as such the petitioner deserves sympathetic consideration.
Learned counsel representing State Bank of India opposes the prayer of pre-arrest bail.
In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Avinash Sharma, A.C.J.M., Nalanda at Biharsharif in connection with Harnaut P. S. Case No. 123 of 2017, subject to the condition as laid down
Patna High Court Cr.Misc. No.58336 of 2017(3) dt.18-01-2018 3/3 under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T