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Patna High CourtCR. MISC./62876/2024bail granted

Sunil Dubey @ Sunil Kumar Dubey v. The State Of Bihar

2024-09-21Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62876 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- JAMHOR District- Aurangabad ====================================================== Sunil Dubey @ Sunil Kumar Dubey Son of Rajendra Dubey R/O VillagePauthu, P.S- Barun, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari , Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 379, 467, 468 , 471 , 504 and 34 of the Indian Penal Code .

3 . As per the prosecution case , in lieu of providing government service in Indian Army, this petitioner and his son obtained Rs. 15,00,000/- from the informant, out of which Rs. 10,00,000/- has been paid by him via UPI and Rs. 5,00,000/- in

Patna High Court CR. MISC. No.62876 of 2024(2) dt.21-09-2024 2/3 cash. On being found that appointment order was fake and fabricated, informant asked the accused persons to return his money but neither the money was returned nor informant got a government job .

4. Learned counsel for the petitioner submitted that from bare perusal of the F.I.R., it is apparent that specific allegation of receiving the entire alleged amount is against coaccused Aman Dubey and so far as this petitioner is concerned, he has neither received any penny nor he is connected with the aforesaid occurrence . Moreover, informant himself parted with the amount to secure government job through illegal means, as such, he cannot be allowed to urge that he has been cheated. Petitioner claims clean antecedent.

5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VII Aurangabad in connection with Jamhore P.S. case No. 63 of 2024 , G. R. No. 1044 of

Patna High Court CR. MISC. No.62876 of 2024(2) dt.21-09-2024 3/3 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T