Awadhesh Kumar Akela v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39730 of 2022 Arising Out of PS. Case No.-41 Year-2013 Thana- NAGAR District- Vaishali ====================================================== AWADHESH KUMAR AKELA S/O LATE ADALAT SINGH Resident of village- Gopalpur Bada Gopal, P.S.- Avtar Nagar, District- Saran (Chapra). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

The informant alleges that Vikash Kumar assured the informant of getting a job in ICICI Bank. Further alleges that he paid Rs.90,000/- in the account of Vikash Kumar and rest Rs.1,60,000/- in cash and, as such, paid Rs.2,50,000/- out of which some money was paid to the father (petitioner) of Vikash Kumar. It is further alleged that Vikash Kumar gave him forged letter of appointment and when he went to the house of the accused persons he was assaulted.

Patna High Court CR. MISC. No.39730 of 2022(2) dt.07-12-2022 2/2 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case being father of Vikash Kumar. It is further submitted that even the FIR does not disclose as to what amount was handed over to the petitioner. It is next submitted that if what has been alleged in the FIR is true then even the informant is equally liable for prosecution as he was seeking appointment by back door on the strength of bribe which in itself is an offence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Town P.S. Case No. 41 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T