Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4973 of 2020 Arising Out of PS. Case No.-455 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.

Rajiv Kumar, Son of Late Ram Naresh Thakur Resident of Village - Repura, P.S.- Karja, Distt.- Muzaffarpur, At Present Quarter No.C-54, Teachers, Hostel No.3, Damuchak, Behind Punjab National Bank, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur.

2.

Archana Kumari W/o Rajiv Kumar Resident of Village - Repura, P.S.- Karja, Distt.- Muzaffarpur, At Present Quarter No.C-54, Teachers, Hostel No.3, Damuchak, Behind Punjab National Bank, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Deepak Kumar Singh Son of Sachindra Prasad Singh Resident of Village - Kothiyan, P.S,- Kathaiya, Distt.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-04-2023 Heard Mr. Alok Kumar Alok, learned counsel appearing on behalf of the petitioners and Mr. Umesh Lal Verma, learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Kazi Mohammadpur P.S. Case No. 455 of 2018, registered under Sections 420, 406 and 467/34 of the Indian Penal Code and Section 138 of the N.I. Act.

3. Learned counsel appearing on behalf of the petitioners submitted that in spite of giving cash amounting to Rs. 13,21,000/- with respect to two vehicles bearing registration Nos. BR-06PC-1419 and BR-06PC-6506, the O.P.

Patna High Court CR. MISC. No.4973 of 2020(6) dt.03-04-2023 2/3 No.2 has not issued No-Objection-Certificate.

4. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

5. Considering the fact that the petitioners have claimed that they have deposited entire sale amount on account of purchase of two vehicles BR-06PC-1419 and BR-06PC6506 to O.P. No.2, this Court directs the petitioners to produce evidence in respect of cash payment to the O.P. No.2 like Income tax return and statement of Bank before the Court below, if the learned Court below is satisfied that the petitioners have complied with the direction of this Court, the above named petitioners are directed to be released on prearrest bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-1st, (East) Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 455 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

The court below is directed to verify the criminal antecedent of the petitioner and if it is found that

Patna High Court CR. MISC. No.4973 of 2020(6) dt.03-04-2023 3/3 the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T