Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51159 of 2017 Arising Out of PS.Case No. -966 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Rahul Kumar S/o Satrughan Prasad, R/o Village- Ajmeri Nagar, P.S.- Bihta, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 The petitioner seeks regular bail in connection with Bihta P.S. Case No. 966 of 2016, registered for offences punishable under Sections 406, 420, 504, 506/34 of the Indian Penal Code. Allegation as per F.I.R is that petitioner along with his father and mother went to the jewellery shop of informant and purchased 290.316 grams of ornaments and in lieu of that they executed a deed of agreement they would return the money of the informant within a period of three months and if they fail to return the money, they would execute certain piece of land in favour of the informant, however, neither they returned the money nor executed any sale deed.

It has been submitted on behalf of the petitioner that no such transaction or agreement has been made between the parties

Patna High Court Cr.Misc. No.51159 of 2017 (2) dt.13-11-2017 2/3 and he has falsely been implicated in this case. It has also been submitted that the case is of a civil nature. Further other coaccuse, who are father and mother of the petitioner has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 21.09.2017 passed in Cr. Misc. No. 43631 of 2017 and petitioner has been in judicial custody since 24.07.2017 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the fact that other co-accused persons have already been granted the privilege of bail by a coordinate Bench of this Court, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur, in connection with Bihta P.S. Case No. 966 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

Patna High Court Cr.Misc. No.51159 of 2017 (2) dt.13-11-2017 3/3 (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T