Niraj Kumar @ Niraj Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45709 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== NIRAJ KUMAR @ NIRAJ MALAKAR S/o Late Dasrath Malakar Resident of village- Bahari Bigha, P.S. - Kashichak (Sahpur), District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Kashichak P.S. Case No. 73 of 2021 for the offence punishable under Sections 419 and 420 of the Indian Penal Code and Section 66(c) of the I.T. Act.

Allegation against the petitioner is that he was involved in cheating innocent persons and he was apprehended on the spot. On the basis of his confessional statement, other persons have also been made accused in the present case. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.45709 of 2021(3) dt.06-04-2022 2/3 submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that in course of investigation, not even a single witness has come and made statement that the present petitioner had cheated them. Petitioner is in custody since 08.05.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Taking into consideration the nature of allegation made against the petitioner and in absence of any material to implicate the petitioner for the allegation that he had cheated the innocent person in the area from where he was apprehended, prima facie the petitioner has made out a case to be released on bail, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Nawada in connection with Kashichak P.S. Case No. 73 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.45709 of 2021(3) dt.06-04-2022 3/3 properly represented on each and every date fixed by the Court.

(3) If the 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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T