Niraj Kumar @ Neeraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25296 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- PARAIYA District- Gaya ====================================================== Niraj Kumar @ Neeraj Kumar Son Of Late Sukhdeo Singh Resident Of Village- Mobarakpur, Ps- Paraiya, Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP For the Informant : Mr. Murad Ashraf, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail who is in custody since 10.12.2022 in connection with Paraiya P.S. Case No. 42 of 2022, F.I.R. dated 14.02.2022 for the offences punishable under Sections 420, 406/34 of the Indian Penal Code. According to prosecution case, the petitioner has deceived the informant to give him more than 85 lakh rupees on the pretext of selling 5 bighas of land to him but he did not register the said land in favour of the informant later on.
Patna High Court CR. MISC. No.25296 of 2023(2) dt.23-05-2023 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has no knowledge about the bank transaction and the informant has suo-motu sent the money to the bank account of the petitioner and the petitioner is ready to return the amount which was deposited in his bank account by the informant as well as Rs. 1,00,000/- as per agreement of the sale. He out rightly submits that the petitioner is ready to return the amount of Rs. 21,51,000/- to the informant at the time of furnishing the bail bond by way of demand draft. The petitioner is in custody since 10.12.2022.
The learned counsel appearing on behalf of the informant as well as submits that apart from that the petitioner has also received amount in cash totaling to Rs. 85,45,000/- including Rs. 21,51,000/-.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya in connection with Paraiya P.S. Case No. 42 of 2022, subject to the following conditions:-
Patna High Court CR. MISC. No.25296 of 2023(2) dt.23-05-2023 3/3
1. Petitioner shall deposit Rs. 21,51,000/- by way of demand draft in favour of the informant at the time of furnishing the bail bond and the same shall be handed over to the informant.
2. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
3. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
4. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T