Rahul Kumar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63944 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== Rahul Kumar @ Chhotu, S/o Dhramendra Kumar @ Virendra Kumar, R/o Village-Panchagawa, PS- Nemdarganj, Distt- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indradeo Prasad, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Nemdarganj P.S. Case No.14 of 2024 registered for the offences punishable under Sections 406, 420, 120-B, 379 read with 34 of the Indian Penal Code.
3. The accused/petitioner is named in the FIR and is in custody since 16.04.2024.
4. Allegation against the petitioner is to cheat informant on pretext of introducing him to the office of one Amar Jyoti, who claimed to be the relative of petitioner for agreement of the truck of informant bearing Registration No. JH-02AV-3934 against the monthly hire charge of Rs.1 lakh.
Patna High Court CR. MISC. No.63944 of 2024(2) dt.11-09-2024 2/3 It is further alleged that while agreement of said effect was under process in meantime, the truck of the informant, which was parked near to the office of co-accused Amar Jyoti was found missing.
5. It is submitted by learned counsel appearing for the petitioner that petitioner has been falsely implicated with present case only being the relative of main co-accused, namely, Amar Jyoti. It is submitted that said Amar Jyoti has sent a complaint to the Superintendent of Police, Nawada on 16.03.2023 alleging corruption against Officer-in-charge of Nemdarganj Police Station and being aggrieved with said compliant, the Officer-in-charge of Nemdarganj Police Station implicated him in more than ten criminal cases. It is submitted that present case is classical case of police atrocities. While concluding argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer for grant of bail to the petitioner.
Patna High Court CR. MISC. No.63944 of 2024(2) dt.11-09-2024 3/3
7. In view of aforesaid facts and circumstances, as allegation against the petitioner is very limited as to introduce the informant to main accused Amar Jyoti, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 16.04.2024, accordingly, the petitioner, above-named, is directed to 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 the learned Chief Judicial Magistrate, Nawada in connection with Nemdarganj P.S. Case No.14 of 2024, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T