Patna High CourtCR. MISC./27235/2023bail granted

Rajiv Kumar v. The State Of Bihar

2023-05-25Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27235 of 2023 Arising Out of PS. Case No.-139 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== RAJIV KUMAR SON OF SINGHESWAR PASWAN @ SINGESWAR PASWAN R/O VILLAGE- MAJIDPUR, P.S.- MANPUR, DISTRICTNALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Sheikhopur Sarai P.S. Case No. 139 of 2021 dated 03.09.2021 registered for the offence punishable under Sections 419, 420, 467, 468, 471 and 120 (B) of the Indian Penal Code.

3. The prosecution case, in short, is that on receiving secret information regarding involvement of the accused persons in cheating innocent persons on allurement of granting loan under Pradhanmantri Mudra Yojna, a raid was conducted in the house of one co-accused Shambhu Paswan from where several articles were recovered. On the basis of the confessional statement of Shambhu Paswan, the petitioner has been implicated in this case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.27235 of 2023(2) dt.25-05-2023 2/2 case. The allegation against the petitioner is general and omnibus. It is submitted that similarly situated three persons, namely, Guddu Paswan, Sanoj Chaudhary and Tusri @ Munchun Chaudhary have been granted bail vide Criminal Miscellaneous No. 15643 of 2022, vide Criminal Miscellaneous No. 31426 of 2022 and vide Criminal Miscellaneous No. 49515 of 2022 respectively by different Co-oridnate Benches of this Court. Lastly, it has been submitted that the petitioner is in custody since 05.12.2022, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura Sarai P.S. Case No. 139 of 2021.

(Khatim Reza, J) Prabhat/- U T