Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4981 of 2019 Arising Out of PS. Case No.-484 Year-2018 Thana- RUPASPUR District- Patna ====================================================== PINTU KUMAR aged about 34 years gender-Male, s/o Sri Ram Chandra Singh, Resident of village Barahi, P.S.- Sasaram Mufassil, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Babita Kumari For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Rupaspur P.S. Case No.484 of 2018 registered for the offence punishable under Sections 419, 420, 467, 468, 471, 120B/34 of the Indian Penal Code. Informant who is police officer has stated in his written report that on receiving secret information he along with other personnel raided Flat No. 204, M.M. Complex, Kusumpur, and on seeing the police party petitioner along with FIR named accused tried to flee away but were apprehended. Allegation is giving allurement to provide job to unemployed persons. In course of search of the flat, note counting machine, a bag containing matriculation and intermediate certificates of various persons, mobile phones and Rs.
Patna High Court Cr.Misc. No.4981 of 2019(3) dt.15-02-2019 2/3 15 Lacs were recovered. The persons cheated or victim of fraud is not the complainant.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of suspicion. Nothing has been recovered from the possession of the petitioner and he himself is victim. Petitioner has got no criminal antecedent and is in custody since 27.11.2018. Learned counsel for the Informant vehemently opposes the prayer for bail.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, in connection with Rupaspur P.S. Case No.484 of 2018, with following conditions:- (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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.4981 of 2019(3) dt.15-02-2019 3/3 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) ranjan/- U