Fantus Singh @ Amit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65268 of 2023 Arising Out of PS. Case No.-379 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Fantus Singh @ Amit Kumar Singh Son Of Nakul Singh Resident Of Village - Basudeopur, P.S. - Shahkund, District - Bhagalpur ... ... Petitioner/s
Versus
1. The State of Bihar
2. Wakil Ram S/O Late Ghechu Ram R/O Village-Pachrukhi, P.S.-Shahkund, District-Bhagalpur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ambrish Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2024 By order dated 15.02.2024, the petitioner was directed to file jointness petition which is kept on record.
2. Notice be deemed as validly served upon Opposite Party No. 2.
3. Despite valid service of notice, no one appears on behalf of the Opposite Party No. 2.
4. Heard learned counsel for the petitioner and learned counsel for the State.
5. The petitioner apprehends arrest in a case registered for the offence punishable under Sections 420, 342/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.65268 of 2023(7) dt.17-05-2024 2/3
6. It is alleged that this petitioner along with other coaccused persons took Rs. 7,00,000/- in cash from the complainant for providing government job to his son but did not provide the job and thus cheated the complainant.
7. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that no money as alleged was ever paid to the petitioner. The complainant voluntarily parted with the alleged amount for an illegal purpose of getting job in the Government sector through unfair means which itself is unlawful, as such, he cannot be allowed to urge that he has been cheated. It is next submitted that similarly situated co-accused Pradeep Ram has already been granted bail by this Court vide order dated 30.08.2023 passed in Cr. Misc. No. 9459 of 2023. Petitioner claims clean antecedent.
8. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Bhagalpur in connection with Complaint Case
Patna High Court CR. MISC. No.65268 of 2023(7) dt.17-05-2024 3/3 No. 379 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T