Raghvendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5089 of 2021 Arising Out of PS. Case No.-5 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== Raghvendra Prasad Aged About 60 Years S/O Late Anirudha Prasad R/O Mohalla- Powerganj Bairagi, Bagishwari Road Near Shiv Mandir, P.S.- Kotwali, District- Gaya ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Dr. Kamal Deo Sharma, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 406/420 of the Indian Penal Code.

As per the prosecution case, on the request made by this petitioner and other accused persons, informant deposited Rs14,35,000/- in the account of this petitioner and also gave cash of Rs.9,00,000/- and some ornaments. When informant demanded his money the same was refused by the petitioner and he also threatened the informant.

Patna High Court CR. MISC. No.5089 of 2021(2) dt.06-04-2021 2/3 Learned counsel for the petitioner submits that the only allegation against the petitioner is that he along with other accused persons had requested the informant to give money to co-accused Raj Kumar Gupta, who is son-in-law of the petitioner. No money was ever paid to the petitioner. Petitioner has claimed clean antecedent and he is in custody since 3.10.2020.

Considering the fact that the petitioner had not been given any amount by the informant, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Patna in Jakkanpur Police Station Case No. 05/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.5089 of 2021(2) dt.06-04-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T