Pappu Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7207 of 2023 Arising Out of PS. Case No.-546 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== PAPPU KUMAR RAM Son of Raj Kumar Ram R/V- Sadha, Raghunathpur P.S- Brahmpur, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Dipak, Advocate For the Informant :

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

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 23.10.2022 in connection with Dariyapur P.S. Case No. 546 of 2022, F.I.R. dated 03.10.2022 for the offences punishable under Sections 467, 468, 471, 472 and 120(B) of the Indian Penal Code.

3. According to prosecution case, in brief is that the informant Rajnandini Kumari alleging therein that the petitioner introduced her to Sanjay Rai who promised, a job of teacher at Utkramit Madhya Vidyalaya, Dariyapur, Saran. Accused Sanjay Rai took Rs.1,50,000/- in three installment and also Rs.45,000/- in the lieu of job of teacher at school. After six months of service of informant, she has been told by accused namely

Patna High Court CR. MISC. No.7207 of 2023(3) dt.14-07-2023 2/3 Sanjay Rai that she has not been given job and she was asked not to harass him for salary.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that bare perusal of F.I.R. the allegation against the petitioner is that he has introduced the informant to the co-accused Sanjay Rai who promise the job of teacher in the school in question. He further submits that it appears from the F.I.R. that there is no acquisition against the petitioner and the informant has pay the amount in question to the co-accused namely, Sanjay Rai and the petitioner has not committed any wrong with the informant. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 23.10.2022.

5. The learned counsel for the informant and learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.7207 of 2023(3) dt.14-07-2023 3/3 Additional Chief Judicial Magistrate, 13th Saran at Chapra in connection with Dariyapur P.S. Case No. 546 of 2022, corresponding to G.R. No.07969 of 2022, subject to the following conditions:-

1. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T