Dharmvir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32387 of 2017 Arising Out of PS.Case No. -669 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Dharmvir Kumar S/o Ram Bilas Yadav, resident of Village- Laxmipur, P.S.- Barbigha (Kewti), District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed. Rizwanul Haque, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kotwali (Barari) P.S. Case No. 669 of 2015 registered under Sections 419, 420 and 120B of the Indian Penal Code.

As per the prosecution case, the informant has identified the picture published in Dainik Jagran and in lieu thereof, he was offered a Safari vehicle. He was asked to deposit Rs. 3000/- towards registration charge. The informant was given different account numbers by the accused persons named in his written report by different mobile numbers and he was directed to pay in all these accounts. The informant deposited total Rs.

Patna High Court Cr.Misc. No.32387 of 2017 (2) dt.13-07-2017 2/2 2,06,800/- and he was further asked to deposit Rs. 40,000/- in the account given by the aforesaid accused persons. It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor he demanded any money from the informant nor he had ever deposited any amount in his account. He has been falsely implicated in this case on the basis of the confessional statement of the co-accused Raj Kumar @ Raja. Though four mobile numbers are said to have been used by the petitioner, but the said mobile numbers were never used in the occurrence, moreover, it was not verified by the police during the course of investigation. The petitioner has been languishing in custody since 18.05.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 669 of 2015.

(Prakash Chandra Jaiswal, J) Mishra/- U T