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Patna High CourtCR. MISC./43588/2023allowed

Jitendra Kumar Raut @ Jitendra Raut v. The State Of Bihar

2023-10-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43588 of 2023 Arising Out of PS. Case No.-360 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== JITENDRA KUMAR RAUT @ JITENDRA RAUT Son of Yogi Raut R/o village-Mahadeopatti, P.S.-Parihar, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. As per the prosecution case, it is alleged that the accused petitioner had sent the informant and others to Combodia on forged paper in a company after taking rupees one lakh fifty thousand for job of data operator, but he was sent in Chinese Company who was doing illegal work and on raid in the company he was kept in confinement and after much difficulty managed to come to India.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.43588 of 2023(5) dt.05-10-2023 2/3 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Learned counsel for the petitioner fairly submits that the petitioner is ready to return the said amount i.e. Rs. 1,50,000/- (One lakh fifty thousand) to the informant within a period of four months. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the argument advanced on behalf of the petitioner, let the above named petitioner, be released on Provisional bail for four months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Court below where the case is pending/successor Court in connection with Parihar P.S. Case No. 360 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. However, the learned Court below shall to confirm the provisional of the petitioner after satisfying himself that the

Patna High Court CR. MISC. No.43588 of 2023(5) dt.05-10-2023 3/3 petitioner has returned the said amount i.e. Rs. 1,50,000/- to the informant within a period of four months.

(Anjani Kumar Sharan, J) anand/- U T