Pushkar Raj @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30668 of 2023 Arising Out of PS. Case No.-415 Year-2022 Thana- RAJGIR District- Nalanda ====================================================== Pushkar Raj @ Raja Kumar, aged about 21 years, Male Son of Upendra Prasad Yadav @ Upendra Prasad, Resident of Village- Near Rajauli Block P.S.- Rajauli District- Nawadah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rajgir P.S. Case No. 415 of 2022 dated 15.07.2022 registered for the offence punishable under Sections 420 and 379 of the Indian Penal Code.

As per the prosecution case one unknown miscreant changed the ATM card of the informant and withdraw Rs. 30,000/- from her account.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has been falsely implicated in this case. He was arrested on the basis of suspicion and implicated in three other cases also. Further, he

Patna High Court CR. MISC. No.30668 of 2023(2) dt.14-06-2023 2/3 submits that nothing incriminating article has been recovered from the possession of the petitioner. Petitioner is not put on Test Identification Parade and is in jail custody since 02.09.2022. The petitioner has three criminal antecedents in which he has been implicated on the basis of his confessional statement.

Learned APP appearing for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 415 of 2022, subject to the following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court. (ii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or violate any of the conditions imposed upon him his bail bond will be liable to be cancelled by the Court concerned.

Patna High Court CR. MISC. No.30668 of 2023(2) dt.14-06-2023 3/3 (iii) If the petitioner tampers with the evidence or the witness, in that case the prosecution will be at liberty to move for cancellation of bail.

(Sunil Dutta Mishra, J) Anand Kr.

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