Munmun Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17038 of 2015 Arising Out of PS.Case No. -278 Year- 2014 Thana -BEUR District- PATNA ====================================================== MUNMUN PANDEY SON OF LATE BHAGWAT PANDEY RESIDENT OF VILLAGE- NAGARI, P.S.- CHARPOKHARI, DISTRICT BHOJPUR .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Shivanand Singh, Adv. For the Opposite Party/s : Mr. Anil Kumar Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant filed written report disclosing the fact that he became acquainted with Raj Kumar @ Raj Kapoor during course of business transaction and as Munmum happens to be his friend, therefore he also came in contact. It has further been disclosed that Raj Kumar and Munmun insisted for payment of five lacs as was urgently needed whereupon he had paid Rs.3,50,000/-. At that very moment they have assured that the amount will be returned back within a month. It has also been disclosed that Raj Kumar @ Raj Kapoor had issued cheques for Rs.3,00,000/- and further disclosed that Rs.50,000/- will be returned back by Munmun. On tender of cheques, the same bounced and so he alleged that both of them by deceitful means took away Rs.3,50,000/-. From the written report itself, it is evident that Munmun was not directly in contact with the informant as well as there happens to be no specific disclosure against the

Patna High Court Cr.Misc. No.17038 of 2015 (2) dt.27-04-2015 Munmun to have received the money. Moreover, the cheques were handed over by Raj Kumar and that shows his complicity with the petitioner. Furthermore, with regard to remaining Rs.50,000/- it happens to be a disclosure of Raj Kumar and not by Munmun.

Thus, petitioner Munmun Pandey is directed to be released 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 Smt. Rashmi Prasad, Judicial Magistrate, 1st Class, Patna / successor in office in connection with Beur P.S. Case No.278 of 2014.

(Aditya Kumar Trivedi, J.) PN/- U T