Rajeev Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61564 of 2021 Arising Out of PS. Case No.-214 Year-2019 Thana- RANIGANJ District- Araria ====================================================== RAJEEV KUMAR JAISWAL Resident of Mohalla- Bageshwari Asthan, Gulabbag, P.S.- Purnea, District- Purnea, Prop. M/S Akash Chura Mill, Chandan Nagar, Bageshwari, P.S.- Sadar, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 406, 409, 420 of the Indian Penal Code.

As per the prosecution case, the petitioner received Rs. 5,80,000/- from the Government for supply of Chura, but despite notice, neither he deposited the money nor supplied the Chura.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that the petitioner has already replied to the notice of the Government that for consideration money of Rs. 5,80,000/- he had supplied Chura from his Chura

Patna High Court CR. MISC. No.61564 of 2021(6) dt.10-04-2023 2/2 Mill to the in-charge Flood Relief, the then District Planning Officer, Araria. It is next submitted that allegation of non supply of Chura is of the year 2017 but the FIR has been lodged in the year 2019. Similarly situated accused Anand Kumar Sancheti has already been granted pre arrest bail by a co-ordinate Bench of this court vide order dated 07.09.2020 passed in Cr. Misc. No. 11748/ 2020. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Chief Judicial Magistrate/ SDJM, Araria in connection with Raniganj PS case No.214/ 2019, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T