Sanjay Kumar @ Pappu Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25062 of 2018 Arising Out of PS.Case No. -1377 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Sanjay Kumar @ Pappu Singh, Son of Shiv Pujan Prasad, Resident of B.N. Verma Road, New Jakkanpur, P.S.- Jakkanpur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manoj Paswan, S/o Ramji Paswan, R./o Beur, P.S.- Beur, Dist.- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 30-04-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks pre-arrest bail in Complaint Case No.1377 of 2016 for the offence under Sections 323, 341 and 420 of the I.P.C.

Allegation is that the complainant gave Rs.3,00,000/- to co-accused Suraj Kumar in presence of his son Dhiraj Kumar for getting his son employed as peon in Government School. The said amount was given to Suraj Kumar on the assurance of this petitioner. But the petitioner neither provided job to his son nor returned money to the complainant and thereby all the accuseds cheated the complainant.

Learned counsel for the petitioner submits that he has

Patna High Court Cr.Misc. No.25062 of 2018 (2) dt.30-04-2018 2/2 been falsely implicated in this case due to business rivalry. The money was allegedly given to the other co-accused with whom this petitioner has no concern, and so no offence as alleged is made out.

In the facts and circumstances of the case, considering the omnibus allegation, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of J.M.1st Class, Patna, in Complaint Case No.1377 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

AnilKrSinha/- (Sanjay Kumar, J) U T