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Patna High CourtCR. MISC./37174/2017bail granted

Raju Kumar v. The State Of Bihar

2017-08-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37174 of 2017 Arising Out of PS.Case No. -181 Year- 2016 Thana -RAJIVNAGAR District- PATNA ======================================================

1. Raju Kumar Son of Ram Prasad Mehta Resident of Mohalla- Dighaghat, P.S. Digha, Distt- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.

The petitioner is apprehending arrest in connection with Rajiv Nagar P.S.Case No.181 of 2016, registered for offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner is of making illegal construction on the land of the Housing Board at Rajiv Nagar. Submission of the learned counsel for the petitioner is that he has been falsely made accused in this case as neither he is land owner nor he is contractor of the construction work. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in

Patna High Court Cr.Misc. No.37174 of 2017 (2) dt.19-08-2017 2/2 the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna in connection with Rajiv Nagar P.S.Case No.181 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be 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 co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T