Narendra Kumar @ Narendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23107 of 2023 Arising Out of PS. Case No.-122 Year-2019 Thana- JAMALPUR District- Munger ====================================================== NARENDRA KUMAR @ NARENDRA DAS Son of Late Dipnarayan Das R/V- Ranipur,Kahalgaon, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

As per the F.I.R., It is alleged that the petitioner along with others have taken Rs. 3,50,000/- from the informant in the name of providing job in Govt. service in PMCH. It is further alleged that neither the appointment was given nor the petitioner is returning the amount to the informant.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is submitted that to secure appointment through unfair means itself being unlawful and prohibited under the law. The informant

Patna High Court CR. MISC. No.23107 of 2023(2) dt.26-06-2023 2/2 voluntarily parted with the money for illegal purpose cannot be allowed to urge that he has been cheated. The petitioner has got clean antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State as well as learned counsel for the informant both have opposed the bail petition of the petitioner. Learned counsel for the informant submits that the to obtain an appointment in Govt. service on the basis of money is itself an offences, as such, the petitioner cannot be allowed to privilege of bail as he has cheated the informant. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 learned Chief Judicial Magistrate, Munger, in connection with Jamalpur P.S. Case No. 122 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.