Kumar Rajiv v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45930 of 2019 Arising Out of PS. Case No.-676 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== 1.
KUMAR RAJIV Son of Sushil Kumar Chaturvedi Resident of Village - Lalti Apartment Flat No. 501 Kali Mandir Road, Hanuman Nagar, P.S.- Patrakarnagar, District - Patna.
2.
Rajnish @ Rajnish Kumar Son of Sri Sushil Kumar Chaturvedi Resident of M/s Enterprises, Near Pani Tanki Boring Road, P.S.- S.K. Puri, DistrictPatna. ... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Binay Kr. Sinha, son of Late Devnandan Pd., resident of Bazar Samiti, P.S. Bahadurpur, Dist. Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kr. Verma & Mr.Satyendra Prasad For the Opposite Party/s :
Mr Anil Kumar For the Informant : Mr. Jitendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-09-2019 Petitioners seek bail in anticipation of their arrest in connection with Agam Kuan P.S. Case No. 676 of 2017 registered for the offences punishable under Sections 342, 323, 379, 386, 406 and 34 of the Indian Penal Code.
As per FIR prosecution case is that petitioner No.1 has taken a loan of Rs.5 lac from one Rajiv Ranjan in which informant was guarantor and thereafter he returned Rs. 2 lac by transfer to the account of Rajiv Ranjan and Rs.1 lac has been given to him in cash and rest of the amount he is not returning and for that petitioner has taken signature of the informant on blank paper and thereafter he dropped the informant to his house.
Patna High Court CR. MISC. No.45930 of 2019(3) dt.30-09-2019 2/2 Submission of learned counsel for the petitioners is that both the petitioners are Government employees and whole allegation is false and concocted and petitioner No.1 was kidnapped, with respect to which he has lodged a complaint case and thereafter the present case has been filed and falsity of the present case will appear from the fact that informant was kidnapped and thereafter he was dropped at his house.
Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail. In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, in connection with Agam Kuan P. S. Case No. 676 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that petitioners will co-operate in the investigation.
(Vinod Kumar Sinha, J) spal/- U T