Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44992 of 2022 Arising Out of PS. Case No.-1298 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Rajesh Kumar Son of Ramchandra Das Resident of village- Bariyarpur Purvi Tola, Ward no. 13, P.S- Khodawandpur, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the State :

Mr. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 1298(C) of 2021 instituted for the offence under Sections 341, 323, 420, 467 & 406 of the Indian Penal Code.

As per allegation in the FIR, complainant advanced Rs. 50,000/- to accused Mukhtar Warsi and Rs. 4 lac to accused Md. Tabrez but neither they gave him truck nor returned his money back. On several demand requests, accused persons including the petitioner started to abuse and assault the complainant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.44992 of 2022(2) dt.14-12-2022 2/2 offence. He has got no criminal antecedent. Agreement paper does not bear the signature of petitioner as witness. General and omnibus allegations have been levelled against the petitioner. Specific allegation of receiving money is against co-accused Md. Tabrez and Mukhtar Warsi and not against the petitioner. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 1298(C) of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T