Patna High CourtCR. MISC./58150/2024bail granted

Simchin Kumar Das @ Samichin Kumar Das v. The State Of Bihar

2024-08-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58150 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- JOKIHAT District- Araria ====================================================== Simchin Kumar Das @ Samichin Kumar Das Son of Sayanarayan Bhagat R/o village - Mahyaur, P.S.- Dagaruwa, District - Purnia ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jokihat P.S. Case No. 09 of 2024 dated 07.01.2024 registered for the offence punishable u/s 379, 419, 440, 467, 468 and 471 of the Indian Penal Code.

3. As per the prosecution case, the informant has alleged that two pages of his cheque book bearing cheque No. 000018 and 000019 were found missing from his cheque book. After three and a half years, on 21.12.2023, a message came on his mobile no. "cheque returned due to technical reasons: cheque 000018 for INR 19,50,000 from A/c. XX8941. Visit your HDFC Bank Branch for assistance" then the informant

Patna High Court CR. MISC. No.58150 of 2024(2) dt.27-08-2024 2/3 came to know that an attempt was made by some person to withdraw money, but because the informant made "stop payment" against both the above mentioned cheques on 06.03.2020, the informant saved from a big financial loss. It is further alleged that on 22.12.2023, the informant has lodged a complaint No. 912/2023 in Araria Police Station,

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. There is no evidence or material in support of the allegation in the whole prosecution case. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 05.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Jokihat P.S. Case No. 09

Patna High Court CR. MISC. No.58150 of 2024(2) dt.27-08-2024 3/3 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T