Pintu Kumar @ Pritam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78079 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- SANHAULA District- Bhagalpur ====================================================== Pintu Kumar @ Pritam Kumar S/oDevi Sah, R/o Vill.- Bhawanipur, P.S.- Amdanda, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr.Sri Tarun Prasad Mandal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Sanhaulla P.S. Case No. 135 of 2018 registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120(b) of the Indian Penal Code.
Informant is a police officer has instituted a written complaint against FIR named accused Subhash Sah and Ashok Sah for cheating persons and taking money from them to provide loan facility through their registered company. However, no documents showing registration of company could be shown by the FIR named accused.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been
Patna High Court Cr.Misc. No.78079 of 2018(2) dt.08-01-2019 2/3 falsely implicated in this case. The name of petitioner has surfaced in this case on the basis of confessional statement made by Subhash Sah that the scanning machine of petitioner was used for purpose of scanning the documents, however scanning machine was recovered from the possession of petitioner. Except confessional statement of accused Subhash Sah there is no any other incriminating materials against petitioner to implicated in this case. He is student and has been authorized by the competent authority for preparation of Addhar card. Petitioner has no criminal antecedent and is in custody since 18.09.2018. Similarly paced co-accused, namely, Ashok Sah has been granted bail by co-ordinate bench of this Court passed in Cr. Misc. No. 74389 of 2018 vide order dated 12.12.
2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur, in connection with Sanhaulla P.S. Case No.
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without
Patna High Court Cr.Misc. No.78079 of 2018(2) dt.08-01-2019 3/3 sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T