Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21778 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== RAKESH KUMAR SON OF DHIRENDRA SINGH R/O MOHALLALAKHIBAG DALMIA COMPOUND NEAR KHAD BHANDAR, MANPUR, P.S.- MUFASSIL, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 406, 420, 468 and 471 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused person are alleged to have duped the informant and his partner and took Rs. 1.05 crore in the name of selling the land by making agreement with the informant and his partner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is purely a case of civil nature. Only Rs. 2.5 lacs was

Patna High Court CR. MISC. No.21778 of 2022(2) dt.16-08-2022 2/3 given by the informant to the petitioner on the date of agreement to sell. Except Rs. 2.5 lacs, no amount was given by the informant or his partner to the petitioner. No any document has been filed on behalf of the informant showing that the said amount has been given to the petitioner and his partner. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2022.

Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the nature of allegation, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Gaya, in connection with Gaya Mufassil P.S. Case No. 07 of 2022 with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.21778 of 2022(2) dt.16-08-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T