Nishaant Kumar @ Amardatt v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77547 of 2023 Arising Out of PS. Case No.-949 Year-2022 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Nishaant Kumar @ Amardatt Son Of Sri Kunal Chakravarty R/O VillageMaheshpur, P.S.- Sanhaula, District- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rajendra Prasad Son Of Late Baleshwar Das R/O Village- Deoghar, P.S.- Medini Chauki, District- Lakhisarai, At Present Resident Mohalla- Gandhi Tola, Rampur, P.S.- Jamalpur, District- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Singh For the State :
Mr. Akshay Lal Pandit For the O.P. No. 2 :
Mr. Ravish Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.
3. The prosecution case, in short, is that it is a case of fraud committed by inducing others to believe that they would get job provided they pay a lump sum amount of Rs.4 Lakh per candidate. It is alleged that the petitioner played an active role in it. Almost 26 candidates were lured by active involvement of the petitioner as well as his other associates.
Patna High Court CR. MISC. No.77547 of 2023(4) dt.05-07-2024 2/3
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. He further submits that the anticipatory bail of the father of the petitioner was rejected by this Court and on 03.07.2024 he surrendered before the learned Court below. The petitioner has no criminal antecedent and has been languishing in custody since 13.09.2023.
5. Learned APP for the State as well as learned counsel for the opposite party no. 2 opposed the bail petition and submitted that the petitioner and other co-accused persons are involved in the present case and received illegal money in the name of providing government service to the tune of Rs.83 lakh.
6. Considering the facts aforesaid and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Munger Complaint
Patna High Court CR. MISC. No.77547 of 2023(4) dt.05-07-2024 3/3 Case No. 949C of 2022.
7. The petitioner is directed to co-operate in the trial. If the petitioner will not appear on two consecutive dates then the bail bond of the petitioner shall be cancelled by the learned Court below.
(Anjani Kumar Sharan, J) anand/- U T