Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33690 of 2018 Arising Out of PS.Case No. -466 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Rahul Kumar, S/o Birendra Kumar Sinha, R/o Vill.- Kharniya Bagicha, Sahara Road, Agamkuan, P.S.- Bypass, District- Patna (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP For the Informant : Md. Sufiyan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner apprehends his arrest in Agamkuan P.S. Case No.466 of 2017 instituted for the offence under Section(s) 419, 420 and 409/34 Indian Penal Code.

In the written report, it is alleged that it was Manish Kumar, who introduced the informant with this petitioner, who was working in Sabion India Pvt. Ltd. The informant on the advice of the petitioner deposited Rs.2 lacs in the account of the company for getting job of carrying and forwarding agent. When the agreement paper was given to the informant for signature, the informant found that agreement was quite different from the copy of agreement given earlier. The informant did not sign the agreement.

In this manner, from the written report itself it is

Patna High Court Cr.Misc. No.33690 of 2018 (3) dt.24-07-2018 2/2 apparent that informant has deposited the amount voluntarily in the account of company.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Agamkuan P.S. Case No.466 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

U T