Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41747 of 2025 Arising Out of PS. Case No.-69 Year-2022 Thana- ARARIA District- Araria ====================================================== Rajeev Kumar S/O Late Rajendra Prasad Sah @ Rajendra Mandal Resident of village- Basaithi, ward no 04, Police Station- Bausi basaithi, district- Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Arun Kumar Biswas S/o Sahdev Biswas R/o Village- Kharahat, Ward No.-4, P.S.- Raniganj, Distt.- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the State :
Mr. Braj Kishore Pd., APP For the Informant :
Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-10-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Araria P.S. Case No. 69 of 2022 registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code, lodged on 22.01.2022 by the informant Arun Kumar Vishwas.
3. As per the prosecution story, the informant alleged that the accused persons wanted solemnization of the marriage of this petitioner with his daughter and payments were also made but later retracted. This led to the F.I.R.
4. At the outset, learned counsel for the petitioner submits that he is ready to pay Rs.4,00,000/- which came in his
Patna High Court CR. MISC. No.41747 of 2025(3) dt.15-10-2025 2/3 account at the time of filing bail bond, if granted relief.
5. Learned counsel for the informant submits that though the payment has been made more from what is being returned, for the present, if the petitioner is ready to pay Rs.4,00,000/-, the informant do not have objection for grant of relief.
6. Considering the submissions put forward by the parties as also that F.I.R. is there, the petitioner will be facing the music, he do not have criminal antecedent, is ready to pay Rs.4,00,000/-, in that background, this Court is inclined to extend him privilege of anticipatory bail subject to payment of Rs.4,00,000/- to the informant through Demand Draft issued by the local brand of State Bank of India/any Nationalized Bank to be submitted at the time of execution of bail bond and the same shall be handed over to the informant after checking the credentials.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, 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, Araria, in connection with Araria P.S. Case No. 69 of 2022 subject to the
Patna High Court CR. MISC. No.41747 of 2025(3) dt.15-10-2025 3/3 conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her 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/her 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 bail bonds. (Rajiv Roy, J) vinayak/- U T