Yashwant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.864 of 2023 Arising Out of PS. Case No.-203 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== Yashwant Kumar Son Of Awadhesh Singh R/O Vill.- Rupauli, P.S.- Saraiya, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 384, 406, 420, 504, 506/34 of the Indian Penal Code. As per prosecution case, the informant alleged that he and the petitioner are employee of Sagar Ghat Sansar firm but the accused petitioner garbed Rs. 7,40,000/- fraudulently from the account of the informant through mobile transfer. When the informant asked for return the said amount, the accused petitioner and his brother badly assaulted him and throttled his neck.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.864 of 2023(3) dt.21-04-2023 2/2 petitioner and the informant have litigating terms and at the instance of the owner of the aforesaid Firm, the petitioner has falsely been made accused in the present case. It is further submitted that the injury report is not available on record in the case diary which seems the allegation of assaulting to the informant is false & fabulous. It is further submitted that the petitioner is languishing in judicial custody since 19.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Govindganj (Areraj) P.S. Case No. 203 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 19th Additional Sessions Judge, East Champaran at Motihari.

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