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2025 DAILYLAW 12593 (PAT)

Girish Prasad Singh @ Girish Singh v. The State of Bihar

CR. MISC./6399/2025 · 2025-02-10

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6399 of 2025 Arising Out of PS. Case No.-681 Year-2024 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1 . Girish Prasad Singh @ Girish Singh S/O Late Braj Kishore Prasad Singh Resident of village- Jinedpur, ward no. 5, (Rajaura), P.S. Muffasil, District- Begusarai 2. Vivek Kumar @ Sittu Son of Girish Prasad Singh @ Girish Singh Residents of village- Jinedpur, ward no. 5, (Rajaura), P.S. Muffasil, District- Begusarai ... ... Petitioner/s Versus 1 . The State of Bihar 2. Abhishek Kumar Son of Late Shambhu Prasad Singh Resident of mohalla Pokharia, ward no. 39, P.S. Town,District- Begusarai Proprietor of M/S Vaibhabhi Green Enterprises, Begusarai 103 Nirtu Niwas, Dak Banglow near Kali Sthan chowk Pokharia, P.S. Town, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam , Advocate For the Opposite Party/s : Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 10-02-2025 Heard learned counsel for the petitioners, informant and the State . 2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 384, 386, 406, 420,m 467, 468 , 471 , 472, 120 (B) and 34 of the Indian Penal Code and under Sections 72, 72 (A) , 73 and 74 of IT Act. of the Indian Penal Code . 3 . As per the prosecution case , complainant who is owner of Baibhavi Earth Green was approached by the co- accused Vikash Kumar who promised that he would help him to Patna High Court CR. MISC. No.6399 of 2025(2) dt.10-02-2025 2/4 get tendor in Education Department and earn lot of money . In Consideration of the said proposal, the complainant deposited Rs. 26,75,000/- in the name of Ryan Metal owned by the accused. Later, Rs. 26,00,000/- was further paid to the accused persons. It is further alleged that Rs. 5,00,000/- was paid to the account co-accused Bipin Kumar and Rs. 15,00,000/- was given to him. Rs. 10,00,000/- was deosited in the account of Sumitra Kanchan and Rs. 3,80,000/- cash was deposited in the account of Ryan Metal which was later transferred to Sandeep Kumar Suman . The accused persons also took digital signature of the complainant but the tendor was not awarded to the complainant and his money was used deceitfully as bank guarantee by the accused persons. When the complainant demanded repayment, the co-accused Vikash Kumar threatened him with dire consequences. However, when the complainant reported the matter then the co-accused Vikash Kumar gave him a cheque of Rs. 77,05,000/- which got bounced on 24.04.2024 . It is further alleged that father of co-accused called the complainant and forcefully obtained his signature on 3 stamp papers worth Rs. 1,000/- . On the basis of these facts complainant lodged a present case against all the accused persons. 4. It is submitted on behalf of the petitioners that Patna High Court CR. MISC. No.6399 of 2025(2) dt.10-02-2025 3/4 from bare perusal of the complaint, it is apparent that there was no financial transaction between the complainant and these petitioners. The petitioner have falsely been implicated in this case because petitioner No. 1 happens to be father of co- accused Vikash Kunal and petitioner No. 2 happens to be brother of Vikash Kunal with whom the present complainant has litigation with respect to financial transaction took place between them. It is further submitted that neither these petitioners was involved in any business with complainant nor he had taken a single penny in their bank account. 5 . Learned counsel for the State and informant opposed the bail petition and submitted that petitioner in connivance with the co-accused persons under well planned conspiracy misappropriated huge amount of the complainant. 6 Considering the fact that petitioner has not received a single penny in their account and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class Begusarai in connection with Complaint Patna High Court CR. MISC. No.6399 of 2025(2) dt.10-02-2025 4/4 Case No. 681 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of BNSS 2023 . Koushik/- (Prabhat Kumar Singh, J) U T