Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53181 of 2022 Arising Out of PS. Case No.-369 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== Sujeet Kumar Son Of Rampati Ram Resident Of Village- Kawai, P.S.- Sonhan, District- Kaimur (Bhabhua). At Present Resides At Village- Kajichak, P.S.- Magadh Medical, District- Gaya (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 22.06.2022, in connection with Bodh-Gaya P.S. Case No. 369 of 2022, F.I.R. dated 22.06.2022 registered for the offences punishable under Sections 420, 418, 406 and 120B of the Indian Penal Code.

Allegation against the petitioner is of cheating young unemployed persons on pretext of giving them employment Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. In fact, the petitioner is an employee of M/s. J.S.U. India and the petitioner has no role at

Patna High Court CR. MISC. No.53181 of 2022(4) dt.12-04-2023 2/3 all in the affair of the Company and co-accused Bibha Rani was the main culprit who has received the amount from the persons. He further submits that in fact the petitioner was the employee in the Organisation since 12.02.2022 to 22.06.2022 and nothing incriminating article has been recovered from the conscious possession or the house of the petitioner. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 23.06.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released 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, Gaya, in connection with BodhGaya P.S. Case No. 369 of 2022, subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.53181 of 2022(4) dt.12-04-2023 3/3

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T