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Patna High CourtCR. MISC./49283/2017bail granted

Gorakh Rajak v. State Of Bihar And ANR

2018-01-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49283 of 2017 Arising Out of PS.Case No. -1373 Year- 2001 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Gorakh Rajak Son of Bishun Rajak @ Ganga Bishun Rajak Resident of Village-Orma P.S.-Siwan Muffasil District-Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jaggu Bind Son of Late Sukhari Bind Resident of Village-Orma P.S.- Siwan Mufasil, District-Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Complaint case no. 1373 of 2001, Trial No. 3922 of 2017, registered for the offences punishable under Section 420, 406, 120B of the Indian Penal Code.

The case of the prosecution is that the prosecution side had deposited money with one Birendra Kumar, who is said to have been working with Cashion Bank and subsequently the said amount, upon being demanded by the prosecution side, was not returned to the depositor and on the contrary, the said Birendra Kumar threatened them that he would implicate the prosecution

Patna High Court Cr.Misc. No.49283 of 2017 (4) dt.15-01-2018 2/2 side in false case with help of the petitioner herein and others. The learned counsel for the petitioner submits that the main accused i.e. Birendra Kumar has already been granted bail by this Court by an order dated 05.11.2014 passed in Cr. Misc. No. 42829 of 2013. It is further submitted that the petitioner has a clean antecedent and no role whatsoever has been assigned to him by the prosecution side.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks before the concerned court, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan in connection with Complaint case no. 1373 of 2001, Trial No. 3922 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T