Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63409 of 2021 Arising Out of PS. Case No.-487 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Kundan Kumar Son Of Jagdish Thakur Resident Of Village - Sherpur, FCI Gate, P.S.- Sadar, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2022 Heard learned counsel for the parties.

The petitioner seeks bail in (Muzaffarpur) Town P.S. Case No. 487 of 2021, registered for the offence punishable under Sections 420, 379, 467. 468, 120(B) and 34 of the Indian Penal Code.

As per the FIR, SIM card of informant was supplied to an impersonator which was misused for defrauding the informant of Rs. 22,40,000/- from his account through online banking.

Petitioner is not named in the F.I.R. Name of the petitioner has transpired during course of investigation on the basis of confessional statement of co-accused Rajesh Kumar. In the entire F.I.R., specific allegation has been levelled against other co-accused persons and so far as this petitioner is concerned, there is no allegation against him. No incriminating

Patna High Court CR. MISC. No.63409 of 2021(2) dt.21-02-2022 2/2 article has been recovered from the possession of petitioner. Moreover, co-accused Prabhat Ranjan has already been granted anticipatory bail by this Court, vide order dated 04.10.2021, whereas co-accused Santosh Anand has been granted bail by this Court, vide order dated 21.01.2022 passed in Cr.Misc. No. 52533 of 2021. Petitioner is in custody since 23.08.2021, having clean antecedent.

However, counsel for the informant vehemently opposed the bail application and submitted that this petitioner had used forged Adhar Card and has been named by the coaccused Rajesh Kumar, who was apprehended by the police during course of investigation.

Considering the facts and circumstances as well as period of custody, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with (Muzaffarpur) Town P.S. Case No. 487 of 2021.

(Prabhat Kumar Singh, J) anay/- U T