Rajesh Kumar Singh @ Rajiv v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47588 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rajesh Kumar Singh @ Rajiv, Son of Sri Vinay Kumar Singh, resident of Village- Jhalari, P.S.- Rupauli, District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with K. Hat (Sahayak) P.S. Case No. 126 of 2018 registered under Sections 419, 420 and 379 of the Indian Penal Code. F.I.R. named co-accused Rahul Paswan is said to have withdrawn money from the account of the informant by exchanging AMT card in the ATM Kiosk on the pretext of extending help to the informant to withdraw the money from the ATM machine on his behalf on his failure to withdraw the same and also purchased several items including jewellery at different shops. In footage of CCTV taken in the jewellery shop, informant identified the aforesaid Rahul Paswan as the person present in the ATM kiosk. Said Rahul Paswan named the petitioner as his accomplice in the occurrence and he was

Patna High Court Cr.Misc. No.47588 of 2018(4) dt.06-12-2018 2/2 also spotted in the footage of CCTV taken in the jewellery shop.

It is submitted by learned counsel for the petitioner that the petitioner is innocent. He has committed no offence. He has been falsely implicated in the case. He has been named by the co-accused Rahul Paswan due to animosity. He was neither present in the ATM kiosk nor outside the same. He was also not identified by the informant in the occurrence. He is not named in the F.I.R.

On the other hand, learned APP for the State opposed the bail petition.

In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Sahayak) P.S. Case No. 126 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T