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Patna High CourtCR. MISC./27690/2022bail granted

Jeet Rana @ Ajeet Rana v. The State Of Bihar

2022-08-18Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27690 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- TATARPUR District- Bhagalpur ====================================================== JEET RANA @ AJEET RANA S/o Balram Thakur R/o village- Nurpur Kauakoli, P.S.- Madhusudanpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umesh Lal Verma, A.P.P.

For the Informant :

Mr. Swapnil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that sons of the informant at the instance of Jyoti Kumari in between 15.09.2020 to 20.09.2020 gave nearly Rs.20,00,000/- to her husband Jay Shankar Rajak for getting job in the railway. The payment was made in the rented premises of Shiv Rajak. Further, they never got the job nor the accused persons are returning the money.

Patna High Court CR. MISC. No.27690 of 2022(2) dt.18-08-2022 2/3 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and from bare perusal of the allegation as alleged in the FIR, it would manifest that the alleged money was given to Jay Shankar Rajak at the instance of Jyoti Kumari and this petitioner is alleged to have sent the sons of the informant to Jay Shankar Rajak. Learned counsel next submits that it absolutely does not stand to reason that in the present case, the sons of the informant along with the informant are equally liable as they are accomplice in the crime.

It is next submitted that if it is alleged that petitioner cheated the informant then the sons of the informant also were equally responsible for the cheating as they wanted the job in railway through backdoor on the strength of bribe, thus, trying to mar the chances of a candidate who are eligible on his merit to seek an appointment. Learned counsel next submits that it is people like the informant and his sons who give rise to such offences and crime. It is further submitted that if Jay Shankar Rajak cheated the sons of the informant then the sons of the informant also wanted to cheat the government by getting appointment through backdoor by adopting nefarious means.

Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner. Learned counsel for the informant submits that the sons of the

Patna High Court CR. MISC. No.27690 of 2022(2) dt.18-08-2022 3/3 informant and the informant have been cheated as some amount i.e. Rs.8,50,000/- was paid in the account of this petitioner but is not able to meet the submission of the learned counsel for the petitioner that if the amount was paid to him that was paid not for some genuine work but for committing an illegality as they intended to get a job through backdoor in complete breach of the Article 16 of the Constitution of India.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tatarpur (Vishwavidyalya) P.S. Case No. 148 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T