Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58733 of 2024 Arising Out of PS. Case No.-437 Year-2021 Thana- ATRI District- Gaya ====================================================== Kanchan Kumar Son of Shambhu Sharan Yadav Resident of Vill- Imaliachak Dihuri, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2024 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 467, 468, 419, 420 of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant being Block Agriculture Officer, Mohara Block, Gaya and he made physical verification of PMKSN Yojana on the direction of District Agriculture Officer and found that the petitioner on basif of forged application of three minors namely, Neha Kumari, Vikram Kumar and Bittu Kumar, got transferred altogether amount of Rs. 12,000/- (Rs. 4000/- each) in his own account by manipulating Aadhar Cards of aforesaid minors.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58733 of 2024(2) dt.08-08-2024 2/3 petitioner is innocent and has committed no offence. It is further submitted vide para-11 of the petition that the application of Block Agriculture Officer regarding transfer of money is differ from the inquiry report. The petitioner is languishing in judicial since 17.5.2024. However, the petitioner is ready to deposit the as alleged cheated money from three minors i.e altogether Rs. 12,000/- (Twelve thousand only) with the Najarat of the learned trial court, for the purpose of grant of regular bail.

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

6. The petitioner is directed to deposit altogether Rs. 12,000/- (Twelve thousand only) with the Nazarat of the concerned Court below/Gaya.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Atri P.S. Case No. 437 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ld. Chief Judicial Magistrate, Gaya.

8. The bail bond of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs.

Patna High Court CR. MISC. No.58733 of 2024(2) dt.08-08-2024 3/3 12,000/- (Twelve thousand only) with the concerned Nazarat.

9. The aforesaid payment will be subjected to final adjudication of the matter.

(Sunil Kumar Panwar, J) amandeep/- U T