Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9603 of 2019 Arising Out of PS. Case No.-662 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== RAJU KUMAR, aged about 29 years, (Male), Son of Sri Birendra Choudhary, Resident of Village- Bahrama, P.S.- Barh, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. A. K. Thakur Mr. Shashank Shekhar Ms. Swati Sinha, Mr.Nilesh Kumar, Advocates For the Opposite Party/s :
Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 419, 420, 467 and 468 of the Indian Penal Code.
Prosecution case is that an enquiry was conducted in pursuance to the order of the District Magistrate, Begusarai with regard to the benefit being received by the beneficiaries in the District Registration and Counselling Centre under the several schemes of Chief Minister Seven Resolution, when it was found that Rs. 2,87,000/- has been deposited in the bank account of one, Prabhat Kumar Sinha in Punjab and Sindh Bank, Begusarai leading to registration of the F.I.R.
Patna High Court CR. MISC. No.9603 of 2019(3) dt.14-03-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. Petitioner is not named in the F.I.R. and his name has surfaced in this case on the confessional statement made by the co-accused and except said confessional statement, there is no any other incriminating material against the petitioner. Similarly, situated co-accused person has been granted bail vide order dated 8.2.2019 passed in Cr. Misc. No. 7408 of 2019. Petitioner has no criminal antecedent and he is in custody since 20.11.2018.
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 court below where the case is pending in connection with Begusarai Town P.S. Case No. 662 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.9603 of 2019(3) dt.14-03-2019 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) Sanjay/- U