Ajit Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70774 of 2023 Arising Out of PS. Case No.-423 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Ajit Pandey son of Shri Bal Krishna Pandey Mohalla- New Budha Colony Road No-3, Ps- Chandauti Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rampur P.S. Case No.423/2023, lodged on 25.06.2023 under Sections 420, 406, 467, 468,471,120B of the Indian Penal Code.

3. As per the prosecution case, it has been alleged in the FIR that the informant has invested total 56,40,000/- through the petitioner in the bank account of co-accused, Anu Pandey @ Anu Kumari who alleged to run a company. It has been alleged that the petitioner along with other co-accused had convenience the informant due to which they have started investment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From the content of the FIR, it is very much clear that the informant is the

Patna High Court CR. MISC. No.70774 of 2023(2) dt.09-11-2023 2/3 friend of co-accused, Anuj Pandey @ Anu Kumari in whose bank account, the alleged money has been transferred and at the instance of the informant, the said money has been transferred through various persons in the bank account of the co-accused. Counsel further submits that the present FIR has been lodged against him due to the reason that he is brother of the coaccused. The petitioner is in no way related with the bank account or with the business of his sister. The petitioner has annexed the documents by which it also transpire that the entire operation or transaction used to be done by the other coaccused. He further submits that the antecedent of the petitioner is clean and he is in custody since 23.07.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Learned counsel for the informant opposes the prayer for bail of the petitioner and submits that the role of the present petitioner may not be ruled out as the sister of the informant disclosed that the entire company was run byu his brother.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be released on bail, but only after framing of charge,

Patna High Court CR. MISC. No.70774 of 2023(2) dt.09-11-2023 3/3 on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Gaya, in connection with Rampur P.S. Case No.423/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C (Dr. Anshuman, J) Ashwini/- U T