Upendra Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12549 of 2017 Arising Out of PS.Case No. -118 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Upendra Rajak, S/o Late Kaploo Rajak, Resident of Village Bajitpur Kartar, P.S. Patepur, Distt.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Patepur P.S.Cae No.118 of 2016 registered for offences punishable under Sections 420, 409, 353, 384 and 504 of the Indian Penal Code.

Allegation against the petitioner is about demand of illegal money from the beneficiary of Indira Awas, however, it is submitted on behalf of the petitioner that during the investigation, none of the beneficiaries has stated such before the I.O., as such the petitioner has been falsely implicated in this case due to political rivalry.

Heard learned A.P.P. also, who has not controverted the submissions of the learned counsel for the petitioner.

Patna High Court Cr.Misc. No.12549 of 2017 (3) dt.19-04-2017 2/2 Having heard both sides and in view of submissions of the learned counsel for the petitioner, which has not been controverted by the learned A.P.P., as such, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. X, Vaishali at Hajipur in connection with Patepur P.S.Case No.118 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With 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.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U