Patna High CourtCR. MISC./74000/2023bail granted

Sumit Kumar Jha v. The State Of Bihar

2023-11-29Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74000 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Sumit Kumar Jha, S/o Ramesh Kumar Jha, R/o Village- Jagdishpur, P.S. Karpoorigram, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Town P.S. Case no. 121 of 2023, registered under sections 420, 467, 468, 419 and 120B of the Indian Penal Code.

3. As per the prosecution case, the allegations against the thirty accused persons including the petitioner herein are that they are all said to be the customers of the bank in question. It is stated that they entered into conspiracy with the so called valuer of the bank and by depositing spurious gold obtained gold loan.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegation

Patna High Court CR. MISC. No.74000 of 2023(2) dt.29-11-2023 2/3 of the petitioner depositing spurious gold is false and incorrect. Without admitting his guilt, learned counsel for the petitioner submits that the outstanding amount of loan as would be evident from the letter dated 18.7.2023 (Annexure-P/2) as on date was Rs.6270/- and the petitioner has deposited an amount of Rs.6300/- vide the receipt brought on record as Annexure-P/3. The petitioner is in custody since 13.7.2023 and charge-sheet has been submitted in the case. The petitioner has no criminal antecedent and the valuer Raju Kumar Gupta has been enlarged on bail, though under section 167(2) of the Cr.P.C.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the submissions made by learned counsel for the petitioner, amount of Rs.6300/- having been deposited, the petitioner having remained in custody for more than 4 months since 13.7.2023, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Town P.S. Case no. 121 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.74000 of 2023(2) dt.29-11-2023 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur.

(Partha Sarthy, J) avinash/- U T