Rajeev Kumar @ Tappu v. The State Of Bihar

Patna High Court Cr.Misc. No.58067 of 2015 (3) dt.18-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58067 of 2015 Arising Out of PS.Case No. -134 Year- 2015 Thana -KHAJEKALA District- PATNA ====================================================== Rajeev Kumar @ Tappu S/o- Late Ramayan Prasad a resident of Paschimi Bari Mohalla, P.S.- Nagar, District- Bhojpur (Arah) at present M.I.G. 283 Lohiya Nagar P.S.- Kankarbagh, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Shyameshwar Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Khajekalan P.S. Case No. 134 of 2015 registered for the offences punishable under Sections 147, 148, 467, 468, 420, 323 and 504/34 of the Indian Penal Code.

This case has been registered on the basis of complaint petition with allegation that for providing job in railway the petitioner received amount from the complainant-informant either in his account or in the account of other co-accused and in this way took Rs. 2,35,000/- but did not provide job. Submission is of false implication and that the alleged amount was given for construction work, the petitioner has not cheated in any way to the complainant and he is suffering in custody since 23.06.2015. In other cases, the petitioner has been

Patna High Court Cr.Misc. No.58067 of 2015 (3) dt.18-02-2016 allowed bail.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that in some of the cases, the petitioner has been allowed bail with condition to pay certain amount.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and the petitioner by remaining in custody at this stage has been sufficiently penalized and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned S.D.J.M., Patna in connection with Khajekalan P.S. Case No. 134 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U