Kaushalendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42806 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- SACHIVALAYA District- Patna ====================================================== Kaushalendra Kumar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kahkashan Alam, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

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

The petitioner seeks bail in connection with Sachivalay P.S. Case No. 71 of 2022 registered for the offence under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 26.05.2022.

The allegation against the petitioner is to cheat informant as to provide job of gardener in Department of Industries for which Rs. 5,00,000/- was paid by the informant, along with other coaccused persons. Learned counsel appearing on behalf of the petitioner submitted that the entire allegation is against co-accused, namely, Amit Kumar where, allegation against this petitioner is limited only

Patna High Court CR. MISC. No.42806 of 2022(2) dt.23-09-2022 2/2 to collect informant at gate, while he came to join. Petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which charge-sheet has been submitted, as such, there is no chance of tempering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as the thrust of allegation as to accept Rs. 5,00,000/- and to provide joining letter is against co-accused, namely, Amit Kumar not against this petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sachivalay P.S. Case No. 71 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge II, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T