Karunesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65819 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== KARUNESH KUMAR Son of Ramashray Prasad R/V- Bhokila,P.S- Hilsa, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Prasad, Advocate For the Opposite Party/s :
Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-03-2023 Heard learned counsel appearing on behalf of the parties.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Laheri P.S. Case No. 357 of 2021 registered for the offence under Sections 420, 409, 467, 468, 469, 471, 120(B) and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 17.08.2022.
The allegation against the petitioner is to receive Rs. 22,00,000/- from the Branch Manager of M/s. Jana Small Finance Bank Ltd., Bihar Sharif, as unlawful gains under conspiracy with other co-accused persons/back officials.
Patna High Court CR. MISC. No.65819 of 2022(2) dt.13-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner has been implicated in this case for only reason that he was Area Head of company, before lodging the present FIR. It is submitted that the petitioner resigned from his post of Area Head, which was duly accepted on 10.07.2021 and he was relieved from his assignment. It is submitted that thrust of allegation appearing against co-accused, namely, Vikash Singh, who is the Branch Manager of Bank having responsibilities of sanctioning loan and issuance of ATM cards for withdrawal of loan amount to customers. It is submitted that during course of investigation nothing surfaced/recovered, which may suggest the allegation in terms of documented transactions.
While concluding the argument, it is submitted that the co-accused, namely, Sujeet Paswan has already been granted bail by a learned co-ordinate Bench of this Court through Cr. Misc. No. 20074 of 2022 dated 13.09.2022 and moreover, petitioner is a man of clean antecedent, where, investigation of this case has been completed, for which, charge-sheet has already been submitted and as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
Patna High Court CR. MISC. No.65819 of 2022(2) dt.13-03-2023 3/3 Considering the facts and circumstances as mentioned above, as nothing incriminating material surfaced/recovered during course of investigation, suggesting receiving of Rs. 22,00,000/- by this petitioner on its face coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Laheri P.S. Case No. 357 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Bihar Sharif, Nalanda/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T