Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46968 of 2018 Arising Out of PS. Case No.-330 Year-2017 Thana- DIGHA District- Patna ====================================================== Subhash Kumar, son of Shyam Narayan Singh, resident of village Bhagirathi Bigha, P.S. Jehanabad, district Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP132 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of regular bail in connection with Digha P.S. Case No. 330 of 2017 for offences under Sections 420, 379, 120(B) of the Indian Penal Code.

Allegation, in brief, is that the informant was communicated that he won one Tata Safari vehicle and the caller asked him to deposit Rs. 2,50,000/- in the account of the petitioner, the total amount deposited by him is Rs 3,59,800/- in the name of depositing Income Tax, RBI Tax, GST and other taxes for providing the vehicle.

Learned counsel for the petitioner submits that one Ritesh Kumar made call to the informant and not to the

Patna High Court Cr.Misc. No.46968 of 2018(2) dt.01-08-2018 2/2 petitioner though the money was deposited in the petitioner's account but the same was withdrawn by Ritesh Kumar, and the petitioner is ready to deposit the amount in 11 installments. Having considered the nature of allegation against the petitioner and the money received in his account and withdrawn by him, the prayer of bail of the petitioner is rejected. However, the petitioner may renew prayer of bail if inclines to deposit the said amount in five equal installments. (Arun Kumar, J) ShamshadSaurabh/- U T