Sukhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61266 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Sukhu Kumar S/O- Lal Muni Ram Vill - Malik Saray PS - Chainpur, DistKaimur Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Chainpur P.S. Case No.336 of 2023 instituted under Sections 420 and 406 of the Indian Penal Code.
3. As per prosecution case, on advice of the petitioner, account of the informant and others got opened at C.S.P. to get work at steel plant to be opened in Mohania and thereafter some transactions were made fraudulently using those accounts. The allegation against the petitioner is that he made a call to come with Aadhar Cards and mobile at C.S.P., when the said accounts were opened on their instructions.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.61266 of 2024(3) dt.20-09-2024 2/3 case on the basis of presumption. He further submits that on the direction of other two -accused persons, the alleged opening of the account of the informant and others was done. The petitioner is a poor person and works in a scrap factory as helper. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial. It is also submitted that similarly situated co-accused persons, namely, Taikir Khan @ Taukir Khan @ Diwan Tauqeer Khan and Mannan Khan @ Munna Khan have already been granted anticipatory bail by this Court vide orders dated 15.04.2024 and 17.05.2024 passed in Cr.Misc.No.22936 of 2024 and Cr.Misc.No.25971 of 2024 respectively.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 learned A.C.J.M. II, Kaimur at Bhabua in connection with Chainpur P.S. Case No.336 of 2023, subject to the conditions as laid down in Section 438(2) of
Patna High Court CR. MISC. No.61266 of 2024(3) dt.20-09-2024 3/3 the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T