Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83098 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Shiv Kumar Son Of Krishna Sah @ Krishna Saw R/O Vill-Manpur, P.S.- MUFFASIL (GAYA), Dist.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 419, 420, 465, 468/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that minor son of the informant was cheated Rs. 1,91,100/- by some unknown persons after decepting him that he had won a lottery of Rs. 25,00,000/-. It is alleged against the petitioner that the victim had also deposited Rs. 45,000/- through UPI in the account of the petitioner.

Patna High Court CR. MISC. No.83098 of 2023(2) dt.04-01-2024 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The F.I.R has been registered against unknown. The petitioner has no concern with the alleged fraud and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 23.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner, however, is ready to deposit Rs. 45,000/- before the learned Court below.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.83098 of 2023(2) dt.04-01-2024 3/3 Judicial Magistrate-IV, Begusarai in connection with Sahebpur Kamal P.S. Case No. 95 of 2022.

The bail bonds of the petitioner will be accepted by the learned Court below on showing receipt of deposit of Rs. 45,000/-(Forty Five Thousands) before learned Court below. The aforesaid amount will be released in favour of the informant, on filing appropriate application by the informant for release of the aforesaid amount. The aforesaid payment will be subject to the final adjudication of the case.

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