Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71224 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Santosh Kumar Son Of Late Ambika Yadav Resident Of Kalyanpur, P.S. - Jamui, District - Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 406, 420, 419, 465, 466, 468, 471, 120B of the Indian Penal Code.

3. As per FIR, it is alleged that the petitioner and coaccused persons cheated the informant's 30 lakh rupees on the false pretext of providing job for his son and nephew.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged occurrence rather it is alleged that the petitioner has taken 11

Patna High Court CR. MISC. No.71224 of 2023(3) dt.31-01-2024 2/2 lakh from the informant for providing job but there is no legal agreement between the parties. It is further submitted that the informant gave 30 lakh to the petitioner and co-accused persons for job which is also an offence in the eye of law and the informant will be equally liable for punishment. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Farbisganj P.S. Case No. 177 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arariya.

(Sunil Kumar Panwar, J) Manishkr/- U T