Patna High CourtCR. MISC./49586/2023allowed

Jitendra Kumar v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49586 of 2023 Arising Out of PS. Case No.-588 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== Jitendra Kumar Son Of Ramanand Prasad R/O-Benanria, P.S.-Bihar, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 419, 420/34 of the Indian Penal Code.

3. According to complaint case, the FIR named accused persons including the petitioner are indulged in making forgery with the complainant and withdrew amount of Rs. 1,34,000/- from the bank account of the complainant in the name of approving the K.C.C. loan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ill motive. From perusal of complaint, it appears no specific overt-act against the

Patna High Court CR. MISC. No.49586 of 2023(3) dt.18-09-2023 2/2 petitioner of withdrawing money from the bank account of the complainant. Only connivance of the petitioner has been shown in the present occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is a government servant and languishing in judicial custody since 23.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Giriyak P.S. Case No. 588 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bihar Sharif, Nalanda. (Sunil Kumar Panwar, J) Amandeep/- U T