Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10904 of 2022 Arising Out of PS. Case No.-288 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== RUPESH KUMAR SON OF RAMDEV SINGH @ RAMU SINGH R/O VILLAGE- BHAWAN CHAK, P.S.- SHAKSHOHRA,DISTRICT- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAJU KUMAR SON OF DHARAM RAJ SINGH R/O VILLAGEPRATAPPUR, P.S.- BARHIYA, DISTRICT- LAKHISARAI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 406, 420/ 34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons are alleged to have taken Rs. 7,00,000/- from the informant for providing him job in Food Corporation of India.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that petitioner is friend of informant's brother and he took Rs. three lacs from the

Patna High Court CR. MISC. No.10904 of 2022(10) dt.01-05-2023 2/2 informant for the purpose of marriage of his sister and since he could not return the amount within two years the present case has been lodged in collusion with local police. To secure appointment through unfair means is itself an offence and unlawful. Any agreement or contract for unlawful purpose is void.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Barhiya PS case No. 288/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T