Bipul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81447 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- CHANDRAMANDI District- Jamui ====================================================== Bipul Kumar Son of Janeshwar Sinha Resident of Village - Maina Chatar, P.S. - Chandradeep, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate :
Mr. Santosh Kumar Pandey, Advocate For the State :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The Petitioner seeks bail, apprehending his arrest, in connection with Chandramandi P.S. Case No. 48 of 2024 dated 02.04.2024, registered for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code and Sections 66(C) and 66(D) of Juvenile Justice Act.
3. As per the allegation, the accused persons, as named in the FIR, have fraudulently got account opened in the post office in the names of the victims and loan amount was deposited in those accounts and those money was misappropriated by the FIR named accused persons.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.81447 of 2024(2) dt.04-12-2024 2/3 petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. His name has transpired only during the investigation because police has found that Rs. 38,550/- has been transferred from two victims each, namely, Nasiman Bibi and Shabina Bibi in the account of the petitioner without his knowledge. He also submits that petitioner is ready to deposit this money in the accounts of the said victims. He also submits that the petitioner is not having a good mental health and is no way connected with the alleged offence. There is possibility that the money has been transferred by the accused persons named in the F.I.R. He further submits that main accused person, namely, Raja Ansari, has already been enlarged on bail by learned Court Below.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It is also stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above-
Patna High Court CR. MISC. No.81447 of 2024(2) dt.04-12-2024 3/3 named, to be enlarged on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jamui, in connection Chandramandi P.S. Case No. 48 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has given wrong statement regarding his criminal antecedents, learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bond of the petitioner. (Jitendra Kumar, J.) ramesh/S. Ali/- U T