Niraj Kumar @ Niraj Kumar Ray @ Babloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44565 of 2016 Arising Out of PS.Case No. -356 Year- 2012 Thana -KHAGARIA District- KHAGARIA ====================================================== Niraj Kumar @ Niraj Kumar Ray @ Babloo Son of Shambhoo Muni Roy Resident of Village-Haripur, P.S.- Tilrath, district-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Onkar Nath For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Khagariya P.S. Case No. 356 of 2012 registered under Sections 406, 420 and 120B of the Indian Penal Code. The accusation is that petitioner Niraj Kumar and 3 others named in the F.I.R. called the informant/complainant at their residence and told that they will provide job of Tower Technician in November, 2010 in the Rauck Security Service Pvt. Ltd. in which he will get Rs. 6,000/- as salary and asked to give Rs. 1,25,000/- for the same. The complainant/informant paid Rs. 1,25,000/- to the co-accused Anita Devi and Raj Kumar Singh on the condition that if the job is not provided, the said money will be

Patna High Court Cr.Misc. No.44565 of 2016 (2) dt.28-10-2016 2/2 returned to the complainant/informant, but the job was not provided to him.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that at the first time when the complainant paid the money to other coaccused, petitioner was not present. Further submission is that there was no any deal in between co-accused and petitioner about receiving Rs. 1,25,000/- for providing the job to the complainant. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Khagariya in connection with Khagaria P.S. Case No. 356 of 2012, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T