Saket Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52810 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- DANDARI District- Begusarai ====================================================== Saket Kumar Son Of Sunil Pathak Resident Of Village- Budhiwan Ward No. 12, Ps- Bhagwanpur (Tiyay Op.), Dist- Begusarai ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023
1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in connection with Dandari P.S. Case No. 101 of 2022 registered under sections 419, 420, 34 of the Indian Penal Code and under Section 66(c) of the IT Act.
3. As per FIR, it is alleged that the petitioner on false pretext of Mudra loan cheated Rs. 15,000/- from the informant.
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. It is submitted that 15,000/- amount has been received by the petitioner on 10.09.2022 and on the next day the same amount has been withdrawn by coaccused, namely, Rajnish Kumar. The petitioner is ready to
Patna High Court CR. MISC. No.52810 of 2023(3) dt.30-10-2023 2/3 return all 15,000/- money which is alleged to be cheated money by the petitioner and informant counsel also agreed to receive the amount. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.03.2021.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dandari P.S. Case No. 101 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Begusarai.
7. The petitioner is directed to return all money to the informant by bank draft and the bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 15,000/- to the informant account.
8. Accordingly, this application stands disposed of with a direction to the learned trial Court that he will confirm
Patna High Court CR. MISC. No.52810 of 2023(3) dt.30-10-2023 3/3 the regular bail of the petitioner, when all the amount i.e. 15,000/- will be given by the petitioner to the account of informant.
(Sunil Kumar Panwar, J) Manishkr/- U T