Sujit Kumar @ Sujit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69840 of 2023 Arising Out of PS. Case No.-497 Year-2022 Thana- BYPASS District- Patna ====================================================== SUJIT KUMAR @ SUJIT KUMAR SINGH Son of Late Raj Kumar Singh R/o vill - Ranipur Paijaba, P.S. - Bypass, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Bypass P.S. Case No. 497/2022 registered for the offences punishable under Sections 420, 406, 323, 341, 379, 120(B), 34 of the Indian Penal Code.

3. As per prosecution case, the informant is said to have given Rs.4,21,000/- by way of cheque in favour of Sanjit Kumar Singh, who is the husband of co-accused, Guriya Devi and it is further alleged that neither money nor land in question was given to the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. The

Patna High Court CR. MISC. No.69840 of 2023(2) dt.01-11-2023 2/3 petitioner bears no criminal antecedent. He further submits that neither money nor cheque was given to the petitioner. He further submits that the petitioner is living separately from his brother Sanjit Kumar Singh since long time. He further submits that he has no concern with the said allegation mentioned in FIR, moreover, co-accused Guriya Devi has already been granted anticipatory bail by the co-ordinate Bench of this Court vide Cr. Misc. No.51840/2023 and the case of present petitioner stands on better footing as he has not in any way connected with occurrence and even he is not beneficiary of alleged transaction. He further submits that in the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the aforesaid Act.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, co-accused has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.69840 of 2023(2) dt.01-11-2023 3/3 anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIth, Patna City, District-Patna in connection with Bypass P.S. Case No. 497/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T