Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72039 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- MOKAMAH District- Patna ====================================================== RAJESH KUMAR SON OF AJIT SINGH RESIDENT OF FLAT NO.302, PHASE NO.02 OZEN HIGH APARTMENT, RAMJAIPAL ROAD, APARNA BANK COLONY, P.S. - (RUPASPUR) DANAPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Roshan Kumar Mishra, Advocate For the Informant :

Mr.Kumar Mangalam, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Mokama P.S. case No. 386 of 2022 instituted for the offences under Sections 420, 406, 120B of the Indian Penal Code.

3. Prosecution case, in short, is that petitioner demanded twelve lakhs from the informant in the name of giving employment in the Eastern Central Railway, Hazipur Zone under Group C category of the clerk. It is further alleged that petitioner paid the said amount in the Bank account as well as in cash to the petitioner.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.72039 of 2023(6) dt.07-05-2024 2/3 petitioner has falsely been implicated in the present case due to oblique reasons. No incriminating/looted article has been recovered from the conscious possession of the petitioner. He further submitted that petitioner is neither holding a post in the Railway Department nor he has any such identity who provide job to anyone then how he assured to provide employment to the informant in Railway Department. He further submitted that with a view to harass and humiliate the petitioner, the informant hatched up a conspiracy and lodged the present case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.06.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant further reported this Court that arguments have been concluded in the trial case and the case has already been fixed for judgment on 10.05.2024.

6. Pursuant to the order dated 02.04.2024, learned trial Court has sent the report regarding the stage of the trial in which it has been stated that three witnesses have been examined and the case is pending at the stage of argument.

7. Having considered the submissions canvassed by

Patna High Court CR. MISC. No.72039 of 2023(6) dt.07-05-2024 3/3 the parties and taking into account the stage of the trial, this Court is not inclined to grant bail to the petitioner.

8. Prayer is rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T