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Patna High CourtCR. MISC./56643/2023allowed

Sanjeev Kumar v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56643 of 2023 Arising Out of PS. Case No.-202 Year-2011 Thana- CHHATAPUR District- Supaul ====================================================== SANJEEV KUMAR SON OF ROHIT KUMAR R/O VILL- ARER DIH TOL, PS- ARER, DIST- MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420 of the Indian Penal Code.

3. This case is registered in the year of 2011 and the petitioner is alleged to have cheated the members of Jeevika and fraudulently received money from them but did not deposit such amount to any jeevika account.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is Block Project Manager due to which he has falsely been implicated in this case. He was neither the Accountant nor he was dealing in cash as such, the allegation made by some of

Patna High Court CR. MISC. No.56643 of 2023(3) dt.02-11-2023 2/2 the Jeevika is malafide and intentional. He is languishing in judicial custody since 31.5.2023. Moreover, similarly situated co-accused namely, Kundan Kumar Thakur has already been granted bail by a co-ordinate Bench of this Court vide order dt. 18.7.2012 passed in Cr. Misc. No. 26432 of 2012.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Chhatapur P.S. Case No. 202 of 2011 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Supaul.

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