Diyush Raj @ Dheuse Raj @ Rahul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44595 of 2023 Arising Out of PS. Case No.-663 Year-2023 Thana- NAWADA District- Nawada ====================================================== DIYUSH RAJ @ DHEUSE RAJ @ RAHUL Son of Pramod Kumar Sharma @ Pramod Sharma Resident of Mohalla - Mal Godam, P.S.- Nawada, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar, Adv.
For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Though the Vakalatnama has been filed on behalf of the informant, but nobody appears on his behalf.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 381, 467, 468, 471, 34 of the Indian Penal Code.
4. As per the FIR, the informant alleged that he is partner of cloth shop M/s Sagarmal and Sons, for which he kept Prince Kumar Sharma as Manager. It is further alleged that accused persons named in the FIR, in furtherance of common intention, have maintained wrong bills in the computer by showing less payments in the bills and committed fraud and misappropriated
Patna High Court CR. MISC. No.44595 of 2023(2) dt.22-08-2023 2/3 Rs. 35-40 lakh of the informant.
5. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The real fact is that petitioner is a member of the staff of the informant's shop and has demanded enhancement in his salary but unfortunately some altercation took place and informant lodged the present case against him. There is no statement of any customer in the case diary as alleged in FIR. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposed the prayer for bail.
7. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, 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
Patna High Court CR. MISC. No.44595 of 2023(2) dt.22-08-2023 3/3 with Nawada P.S. Case No. 663 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T