Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2468 of 2021 Arising Out of PS. Case No.-10 Year-2020 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== ANUJ KUMAR S/o Late Nanu Yadav R/o village- Saren, P.S.- Makhdumpur, District- Jahanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The present matter is being taken up out of turn on the mentioning slip filed on behalf of the petitioner stating therein that the petitioner is suffering from heart disease and for his treatment he has to attend the doctor regularly. Let the mentioning slip filed on behalf of the petitioner be kept on record.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in connection with Magadh Medical P.S. case No.10 of 2020 registered under

Patna High Court CR. MISC. No.2468 of 2021(2) dt.17-09-2021 2/3 Sections 420/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner took Rs.3 lacs from the candidates for their job in Bihar police.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per the allegation, Rs.3 lacs is said to have been taken by the co-accused and the petitioner from the informant and others on the assurance that they will be given job in Bihar police. It is also submitted that there is no such money receipt produced by the informant that the petitioner at the relevant time had taken money from any individuals. Except for ocular evidence, there is no documentary evidence to support the allegations made in the F.I.R. It is further submitted on behalf of the petitioner that the petitioner is ready to deposit an amount of Rs.1 lac in the court below within a period of eight weeks, which shall be subject to the final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.2468 of 2021(2) dt.17-09-2021 3/3 the petitioner, above named, is directed to deposit an amount of Rs.1 lac in the court below within a period of eight weeks, which shall be subject to the final disposal of the case. On doing so, let the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. IVth, Gaya in connection with Magadh Medical P.S. case No.10 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T