Rajiv Kumar Jaiswal @ Dilip Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39303 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- PASRAHA District- Khagaria ====================================================== RAJIV KUMAR JAISWAL @ DILIP CHOUDHARY S/o Devki Prasad Choudhary R/o Village- Pasraha, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Arvind Kumar, Advocate For the Opposite Party/s :

Ms Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Pasraha Police Station (for brevity, PS) Case No 1 of 2020 instituted for the offence punishable under Sections 420, 406 of Indian Penal Code. Allegation in the First Information Report is that the petitioner was collecting money for providing job in the Railways.

Learned counsel for the petitioner submits that the petitioner is in custody since 26.08.2020. It is further submitted that it is a case of false implication as the petitioner was not in a position to provide jobs. He has no criminal antecedent. Charge sheet has already been submitted.

Patna High Court CR. MISC. No.39303 of 2020(3) dt.20-02-2021 2/2 Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Pasraha PS Case No 1 of 2020, GR No 78 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T