Nimmagada Phani Chaudhary @ Nigmada Fani Caudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81264 of 2024 Arising Out of PS. Case No.-489 Year-2021 Thana- RAJIVNAGAR District- Patna ====================================================== Nimmagada Phani Chaudhary @ Nigmada Fani Caudhary Son of Venkat Rao village- 1 -177 Gottipadu, Pratipadu, Ps- Prathipadu, Dist -Guntur StateAndhra Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tabish Ahmad For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 419, 420, 465, 467 and 468 of the Indian Penal Code and Section 66 ( C) of IT Act.

3. The case of the prosecution is that altogether Rs. 12,22,405/- has been withdrawn from the account of the informant by using his ATM Card from different places between 18.10.2021 to 01.11.2021 when the informant was languishing in jail in connection with some another matter.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in connection with the present case. It has also been submitted that the petitioner is not named in the FIR but while he was arrested

Patna High Court CR. MISC. No.81264 of 2024(4) dt.30-01-2025 2/2 in Nazirabad (Kanpur Nagar) P.S. case No. 23 of 2022 had confessed his guilt on the pressure of police. It has further submitted that no money trail is available regarding that amount and not a single penny has been transferred in the account of the petitioner. Further submission is that the petitioner has been implicated in this case merely on suspicion. Moreover, the petitioner is languishing in judicial custody since 13.12.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajiv Nagar P.S. Case No. 489 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -II, Patna, subject to condition that one of the bailor should be the local bailors, who shall provide official document to show his/her bona fide;

(Ashok Kumar Pandey, J) Jagdish/- U T