Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61527 of 2017 Arising Out of PS.Case No. -112 Year- 2016 Thana -TARAPUR District- MUNGER ====================================================== Brajesh Kumar, Son of Bindeshwari Prasad @ Binod Yadav, Resident of Village/Mohalla Paniyar Chak, P.S. Naya Ram Nagar, District Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420/34 of the Indian Penal Code.

The prosecution case is that the petitioner developed intimacy when co-accused Prem Kumar, persuaded the informant to get appointed in the railway and consequently Rs.3,50,000/- was given. It is alleged that on the direction of the

Patna High Court Cr.Misc. No.61527 of 2017 (2) dt.19-12-2017 2/3 main accused Prem Kumar Rs.1,50,000/- was given to the petitioner on 17.03.2015, but neither the employment was provided nor the money was returned and when the informant demanded the money then the threat was given for implicating him in a case with accusation of kidnapping.

It is submitted by learned counsel for the petitioner that there is no proof with regard to the payment to the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP, however, submits that the informant has specifically alleged that Rs.1,50,000/- was given to the petitioner.

Considering the fact that the accusation arising out of a contract for illegal employment through an illegal means coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecdent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Munger in connection

Patna High Court Cr.Misc. No.61527 of 2017 (2) dt.19-12-2017 3/3 with Tarapur P.S. Case No. 112 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T