Patna High CourtCR. MISC./55201/2023bail granted

Upendra Kumar Giri @ Upendra Giri v. The State Of Bihar

2023-08-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55201 of 2023 Arising Out of PS. Case No.-227 Year-2022 Thana- DIGHA District- Patna ====================================================== UPENDRA KUMAR GIRI @ UPENDRA GIRI, Son of Shri Janardan Giri Resident of Village-Pach Pakaria Ke Mothia, P.O.-Kala Dumra, Police Station-G.B. Nagar, (Tarwara), District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Digha P.S. Case No. 227 of 2022 dated 11.04.2022 registered for the offences punishable u/ss 406, 409, 420 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused person are alleged to have cheated Rs. 15,00,000/- from the account and Rs. 5,00,000/- in cash from the informant and five other persons on pretext of proving job.

Patna High Court CR. MISC. No.55201 of 2023(2) dt.31-08-2023 2/2

5. 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. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.04.2023.

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

7. 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, Patna in connection with Digha P.S. Case No. 227 of 2022.

8. The application stands allowed.

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