Maduranjan Kumar @ Madhuranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61626 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- HIRAMMA P.S. District- Sheohar ====================================================== Maduranjan Kumar @ Madhuranjan Kumar S/o- Late Jagdish Rai Resident of Village - Madhopur Chata, P.S. - Hiramma, District - Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhineet, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP For the Informant :
Mr. Abhya Shankar Singh, Advocate Mr. Amit Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-09-2025 Heard Mr. Abhineet, learned counsel for the petitioner and Mr. Amit Kumar Mishra representing the informant beside the State.
2. The petitioner is apprehending his arrest in connection with Hiramma P.S. Case No. 53 of 2025 for the offence under sections 318(4) and 316(2) of the BNS and 66(C) and 66(D) of the I.T. Act lodged on 20.06.2025 by the informant, Kishori Thakur.
3. As per the prosecution story, the informant alleged that he is having a bank account in the State Bank of India and the petitioner is running a CSP center where he went and gave his thumb impression on the posh machine whereafter Rs. 400/- was paid to him. Later, he got message of not only withdrawal of Rs. 400/- but also Rs. 29,900/- from the account. Alleging fraudulent act by the petitioner,
2/4 the FIR.
4. Learned counsel for the petitioner submits that it was the faulty machine which led to the transfer of the aforesaid amount of the informant and upon realizing it, immediately the same was returned. So far as the criminal antecedent part is concerned, it relates to the lodging of the FIR by the informant's side itself and he is ready to participate in the investigation/diligently appear in trial.
5. Learned counsel for the informant, Mr. Mishra submits that the petitioner is in the habit of committing fraud. However, he accepts that the money has returned to his account.
6. A person who is taking Rs. 400/- as pension, his economic condition can be considered and the allegation is that the petitioner actually got transferred a huge amount, if the allegation is to be believed. It is an unfortunate act by the petitioner. However, as the story unfolds, he immediately returned the amount, FIR is there and he shall be facing the music, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the
3/4 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Hiramma P.S. Case No. 53 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at
4/4 liberty to take steps for cancellation of his bail bonds.
8. Before parting, this Court would like to put on record its word of appreciation for Mr. Abhineet, learned counsel representing the petitioner for the proper assistance rendered in the matter.
(Rajiv Roy, J) Adnan/- U T