← Library
Patna High CourtCR. MISC./61171/2017bail granted

Rajesh Kumar @ Rajesh Sah v. The State Of Bihar

2017-12-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61171 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -MAJORGANJ District- SITAMARHI ====================================================== Rajesh Kumar @ Rajesh Sah S/o Late Ram Ekwal Sah, resident of villageChandauli, P.S.- Belsand, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha, Advocate For the State : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Majorganj P.S.Case No.120 of 2017 registered under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that there is no allegation in the FIR that the petitioner has cheated the victim and misappropriated any amount. The persons who are said to have applied for gas connection have never complained regarding any act of omission and commission on the part of the petitioner. He submitted that the petitioner being a business man having no criminal antecedent has got roots in the society and is not likely to abscond or tamper with the evidence.

Patna High Court Cr.Misc. No.61171 of 2017 (2) dt.22-12-2017 2/2 Learned counsel for the State opposed the prayer for grant of pre-arrest bail to the petitioner.

Regard being had to the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Sitamarhi in connection with Majorganj P.S.Case No.120 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T