Rajesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29094 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== Rajesh Sao, Male, (aged about 24 years) Son of Ramesh Sao @ Ramesh Gupta Resident at Mohalla- Katrisarai, Police Station- katarisarai, DistrictNalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rabindra Prasad Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code and Section 66 of the I.T. Act registered in connection with Giriyak (Katrisarai) P.S. Case No. 40 of 2019.

3. It is submitted that the petitioner has been falsely implicated as his name has surfaced only on the basis of the confessional statement of the arrested person except which there is no objective material to connect him with the alleged occurrence. No incriminating goods have been found from the possession of the arrested accused persons. The FIR has been instituted at the instance of a police officer and no private person has come forward with a complaint of being cheated and as such the accusations are not corroborated. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.29094 of 2019(3) dt.24-07-2019 2/2 with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Nalanda at Biharsharif in connection with Giriyak (Katrisarai) P.S. Case No. 40 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T