Patna High Court - Orders
Karn Kumar @ Karan Kumar vs The State Of Bihar on 27 January, 2025
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72294 of 2024
Arising Out of PS. Case No.-45 Year-2024 Thana- TELMAR District- Nalanda
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Karn Kumar @ Karan Kumar, Son of Muneshwar Jamadar @ Muneshwar
Prasad, Resident of Village- Bangachha, P.S.- Telmar, Distt.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Vigilance Department,Bihar, Patna
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Murad Ashraf, Advocate
For the State : Mr.Kumar Veerendra Narayan, APP
For the Vigilance : Mr. Anil Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 27-01-2025Heard learned counsel for the petitioner, learned counsel for the vigilance and learned APP for the State.
2. The petitioner has prayed for bail in connection with Telmar P.S. Case No. 45 of 2024 registered for the offence punishable under Sections 384, 388 and 389 of the Indian Penal Code, Section 7(a), 7(b) and 8 of PC Act and Section 3(2)(v) of SC/ST POA Act.
3. The case of the prosecution is that on 23.06.2024, police officials and Karn Kumar came at the house of the informant and stated that as the Chhoa was recovered yesterday from her house, a case will be filed agaisnt her and if she did not want the case to be filed agaisnt her, she will have to pay Rs. 3500/-. The informant was frightened and she handed over Rs. Patna High Court CR. MISC. No.72294 of 2024(5) dt.27-01-2025 2/3 3200/- to the petitioner. It has further been submitted that the informant is an illeterate lady. As she came to know that petitioner has wrongfully taken Rs. 3200/- then, she came to S.H.O. and disclosed her regarding the occurrence and hence, this case.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It is further submitted that Karn Kumar was being interrogated and he disclosed that on 20.06.2024, A.S.I. Awadhesh has called him for contacting the person form where Chhoa was recovered. After this, he went to the hosue of the ifnormant and arranged a call of Awadhesh with informant. After this, Raj Kumari Devi (informant) gave Rs. 3000/- which he handed over to Awadhesh. It has been argued by learned counsel for the petitioner that initially the allegation is that of 3200/- whereas from the F.I.R. itself it is clear that the petitioner has handed over Rs. 3000/- to Awadhesh. It has also been submitted that the petitioner has not taken any money from the informant and he has been falsely implicated as the informant deals in the business of liquor and the cash was ultimately keep it all was handed over to Awadhesh. A statement has been made Patna High Court CR. MISC. No.72294 of 2024(5) dt.27-01-2025 3/3 in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 01.07.2024.
5. The application for bail is opposed by learned APP for the State and learned counsel for the vigilance.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance, Patna in connection with Telmar P.S. Case No. 45 of 2024.
(Ashok Kumar Pandey, J) lata/-
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