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Patna High CourtCR. MISC./64399/2024bail granted

Digvijay Kumar v. The State Of Bihar

2024-10-17Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64399 of 2024 Arising Out of PS. Case No.-337 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== Digvijay Kumar Son of Omprakash Pandey Resident of Village - Servaha, P.O. - Chandrahiya, Areraj, District - East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Divya Bharti For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 420, 467, 468, 120(B) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant, who claims to be the Secretary of Bihar Pradesh Jan Kalyan Seva Sansthan alleges that Raj Kumar, Director and Digvijay Kumar (Petitioner) of Riglo Solution Private Limited and their associates are creating forged agreement in the name of his organization and are also preparing computerized documents for cheating an unemployed youth in the name of giving employment in Jal Jeevan Hariyali Scheme of the State

Patna High Court CR. MISC. No.64399 of 2024(2) dt.17-10-2024 2/3 Government and thus has cheated the youths of lacs of rupees by placing the name of his organization along with his photographs on social media.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the same is cryptic and does not inspire confidence. It is also submitted that the allegation though alleges that forged agreements were prepared in the name of the organization of the informant and also fabricated computerized documents were prepared for cheating unemployed youth but then the F.I.R. does not disclose that what were the documents based on which youths were cheated nor disclose the name of any person who was cheated. It is also submitted that had there been any truth in the allegation, in that event the aggrieved youths who were cheated would have instituted the instant F.I.R. The learned counsel next submits that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned

Patna High Court CR. MISC. No.64399 of 2024(2) dt.17-10-2024 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pirbahore P.S. Case No.337/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) amit/- U T