Sanjay Kurmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1148 of 2023 Arising Out of PS. Case No.-92 Year-2022 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== SANJAY KURMI SON OF SRIKANT KUMAR R/O MAHANTH NAGAR, RAILWAY NEW COLONY, P.S.- SAHAYAK, DISTT.- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Katihar (M) P.S. Case no.92 of 2022 registered under sections 420, 468, 471 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that he entered into an agreement with the co-accused-Director of the company namely Narayan Mallick and Aditi Mallick and also gave substantial amount by way of advance to them. This petitioner was also present in the office and was working as a broker.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason of his being present in the office. Even as per the

Patna High Court CR. MISC. No.1148 of 2023(10) dt.17-10-2023 2/2 allegation, the advance was given to the above mentioned coaccused and not to this petitioner. The petitioner is in custody since 10.8.2022 and investigation in the case has concluded.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that besides the petitioner being present in the office, he has suppressed his antecedent in the main petition.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R. against this petitioner, no amount having been transferred to this petitioner's account, the petitioner having remained in custody for more than a year since 10.8.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Katihar (M) P.S. Case no.92 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar.

(Partha Sarthy, J) Saurabh/- U T