Hariom Ray @ Hariom Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40353 of 2023 Arising Out of PS. Case No.-13 Year-2022 Thana- GHOGHARDIHA District- Madhubani ====================================================== HARIOM RAY @ HARIOM KUMAR RAY Son of Mahendra Ray Resident of Village - Khajedih, P.S.- Ladaniya, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajkumar Rajesh, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehend his arrest in connection with Ghoghardiha P.S. Case No. 13 of 2022 for the offence punishable under Sections 420, 409, 120B of the I.P.C lodged on 03.02.2022 by the informant Uttam Lal Yadav.

As per the prosecution story, under Nal-Jay Nischay Yojna amongst other, it is alleged that the petitioner was provided Rs. 7,50,000/- and he did work for only Rs. 4,74,000/- and failed to return Rs. 2,76,000. Accordingly the FIR. It is the case of the learned counsel for the petitioner that he has a shop for providing materials in the name of Maa Durga Enterprises and already supplied items worth Rs.4,58, 489/- and Rs.3,04,643/- vide bill dated 25.12.2018 and

Patna High Court CR. MISC. No.40353 of 2023(2) dt.28-07-2023 2/3 25.01.2019 but in a routine manner has been dragged in the present case, the Annexure 2 series to the bail application is testimony to that.

Learned APP opposes the prayer stating that according to the FIR, it is owes Rs. 2,76,000. Considering the fact that there is claim and counter claim. While in the FIR allegation is of not providing materials of worth Rs. 2,76,000/- according to the petitioner, he has bill to show that more than Rs. 7,50,000 has been cleared and as the FIR lodged ultimately will have to face the trial, this Court is inclined to extend him the privilege of anticipatory 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 Chief Judicial Magistrate, Jhanjharpur/concerned Court in connection with Jhanjharpur P.S. Case No. 13 of 2022, 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.40353 of 2023(2) dt.28-07-2023 3/3 bona fide;

(ii) the petitioner 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 his bail bond by the Trial Court itself;

(iii) the petitioner 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 petitioner 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) jyoti/- U