Vivek Kumar @Karu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41024 of 2024 Arising Out of PS. Case No.-70 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Vivek Kumar @Karu Kumar SON OF UMESH PRASAD VILLAGENAHUB, PS- RAJGIR, DIST- NALANDA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prakash Kumar S/O Late Ramjee Prasad Resident Of Panchvati Nagar P.S. Rajgir Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar No. I, Advocate For the Informant : Mr. Akash Kumar Mishra, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-10-2024 Heard Mr. Anil Kumar No. 1, learned counsel for the petitioner, Mr. Akash Kumar Mishra, learned counsel for the Informant and Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Rajgir P.S. Case No. 70 of 2023, F.I.R. dated 05.02.2023 registered for the offences punishable under Sections 419, 420, 406, 467, 468, 471, 341, 323, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner including coaccused persons named in the complaint petition is to impersonate Indu Devi and cheat Rs. 6,25,000/- from the informant by selling the land on the basis of fake papers under a

Patna High Court CR. MISC. No.41024 of 2024(4) dt.26-10-2024 2/3 conspiracy of all.

4. Learned counsel for the petitioner submits that the petitioner caries six more cases other than the present one in which he is on bail. He further submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that although there is specific allegation against the petitioner but after filing of the present case the petitioner has returned Rs. 4,25,000/- to the Opposite Party No. 2 namely Prakash Kumar.

5. Mr. Akash Kumar Mishra, learned counsel who has filed the Vakalatnama on behalf of Opposite Party No. 2 and submits that Opposite Party No. 2 has received the amount of Rs. 4,25,000/-. He further submits that he has received Rs. 2,00,000/- by way of cheque and Rs.2,25,000/- received as cash.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 70 of 2023, subject to the

Patna High Court CR. MISC. No.41024 of 2024(4) dt.26-10-2024 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) 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 and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) 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.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T