Patna High CourtCR. MISC./8100/2024allowed

Rakesh Jha @ Rakesh Kumar Jha v. The State Of Bihar

2024-02-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8100 of 2024 Arising Out of PS. Case No.-138 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Rakesh Jha @ Rakesh Kumar Jha ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Harsidhi P.S Case No. 138 of 2020 registered for the offences punishable under Section 420 of the I.P.C. and 138 of the N.I. Act.

3. As per allegation in the FIR, the petitioner had taken diesel from the informant's petrol pump of Rs. 4,48,832/- in different dates and gave him a bounce cheque.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner is neither a company holder / business man nor big farmer. So here question arise for

Patna High Court CR. MISC. No.8100 of 2024(2) dt.19-02-2024 2/2 what purpose petitioner taken diesel against theaforesaid huge money. It is also submitted that petitioner is in judicial custody since 21.07.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Motihari in connection with Harsidhi P.S Case No. 138 of 2020.

(Ramesh Chand Malviya, J) Mayank/- U T