Shiv Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4560 of 2019 Arising Out of PS. Case No.-228 Year-2017 Thana- LAUKAHA District- Madhubani ====================================================== Shiv Kumar Ram, Son of Rajendra Ram, Resident of Village-Kharharia Tole P.S.- Laukaha, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 07.07.2018 in a case registered for the offences punishable under Sections 420, 406 and 120(B) of the Indian Penal Code. The prosecution case is that the informant was advised by the petitioner to arrange Rs.50,000/- and it was said that double amount will be given to him later on and the informant gave him such amount. It is further alleged that after

Patna High Court Cr.Misc. No.4560 of 2019(2) dt.29-01-2019 2/3 few days the petitioner again asked him to bring an amount of Rs.1,00,000/- for which he will be given Rs.10,00,000/-, and he further conveyed the informant that if he fails to bring such amount then he will loose Rs.50,000/- also. Thereafter the informant gave him Rs.1,00,000/- also and whereupon the petitioner handed him over a packet stating that this packet contained the said amount of Rs.10,00,000/- and left, but the informant found that in the said packet, upper and lower layer was of proper notes and the rest were scrap papers. It is submitted by learned counsel for the petitioner that no recovery has been made from the petitioner. There is no proof with regard to the payment of money made by the informant to the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that accusation is specific against the petitioner.

Considering the fact that there is no recovery from the petitioner, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.4560 of 2019(2) dt.29-01-2019 3/3 sureties of the like amount each to the satisfaction of learned JM-Ist Class, Jhanjharpur in connection with Laukaha P.S. Case No. 228 of 2017.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T