Randhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34222 of 2023 Arising Out of PS. Case No.-272 Year-2021 Thana- JADIA District- Supaul ====================================================== 1.
RANDHIR KUMAR SON OF LATE KRITYA NAND PRASAD R/OBIDHYA NAGAR, WARD NO. 12, P.S.-JADIA, DISTT.-SUPAUL 2.
BINA RANI WIFE OF SRI RANDHIR KUMAR R/O-BIDHYA NAGAR, WARD NO. 12, P.S.-JADIA, DISTT.-SUPAUL ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
RAMESH KUMAR SON OF GYANI YADAV R/O-NAWDIHI GUDIYA, WARD NO. 09, P.S.-JADIA, DISTT.-SUPAUL ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dwiz Raj, Advocate For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-07-2023 Heard the parties.
The petitioner apprehends their arrest in connection with Jadia P.S. Case No. 272 of 2021 for the offence punishable under Sections 467, 468, 471, 406, 409/ 120 B/34 I.P.C lodged on 20.12.2021 by the informant Ramesh Kumar.
As per the prosecution story, the allegation is that in the name of getting the names of innocent people registered under old pension scheme, they were charging with Rs. 12,005,000/-. Accordingly, the FIR. It is the contention of the learned counsel for the petitioner that every process relating to the function of scheme
Patna High Court CR. MISC. No.34222 of 2023(2) dt.26-07-2023 2/3 is done online and ultimately decided by the State Government in which they do not have any role to play but has been falsely implicated in this case. Further submission is that other accused persons have been extended the privilege of anticipatory bail vide order dated 14.07.2023 passed in Cr. Misc. No. 30732 of 2023.
Mr. Bharat Bhushan, learned APP for the State opposes stating that they were duping the innocent people. Considering the submissions made by the learned counsel for the petitioners and taking into account that the petitioner no. 2 is a lady, FIR lodged and ultimately they will have to face the trial, this Court is inclined to extend them the privilege of bail with conditions.
Let the petitioners in the event of their arrest or surrender within a period of four weeks from the date of the receipt of the order be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM -V Supaul, in connection with Jadia P.S. Case No. 272 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his
Patna High Court CR. MISC. No.34222 of 2023(2) dt.26-07-2023 3/3 bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Jagdish/Jyoti/- U T