Ranjeet Kumar @ Mantu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39555 of 2017 Arising Out of PS.Case No. -416 Year- 2017 Thana -NAWADA TOWN District- NAWADA ====================================================== Ranjeet Kumar @ Mantu Son of late Bhagwan Das Resident of VillageRam Nagar, Nawadah, P.S. Nawadah Town, District- Nawadah. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Adv. For the Opposite Party/s : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 22-08-2017 Heard learned counsel for the petitioner and learned counsel for the State and perused the record. The petitioner apprehends arrest in connection with Nawadah Town Police Station Case No. 416 of 2017 registered for the offence(s) punishable under section(s) 420/409/34 of the Indian Penal Code.
This petitioner is an Assistant in Collectorate Office at Nawada. The allegation is that he along with other co-accused, took an amount of Rs. 3,00,000/- (three lakhs) for getting the wife of informant appointed in Government job.
The learned counsel for the petitioner submits that there is not a single chit of paper to show that any amount was given to the petitioner or any other accused. The learned counsel
Patna High Court Cr.Misc. No.39555 of 2017 (2) dt.22-08-2017 2/3 referred a Ruling reported in 2017 (3) PLJR 152 (Ashutosh Mishra @ Chhote Mishra and another vs. The State of Bihar and others) wherein it has been held that the person allegedly advanced money to ensure back door entry, he cannot get protection of law and even he cannot bring the suit for recovery of aforesaid amount. The allegation of taking money relates to the year 2012-2013, but the FIR has been lodged after lapse of five years, which creates a doubt as regards payment of money. The petitioner has clean antecedent and so, he deserves anticipatory bail.
The learned Additional Public Prosecutor on the other hand, opposed the submission.
On perusal of FIR, I find the allegation of giving money to the petitioner relates to the year 2012-2013 and after lapse of five years, the present case has been lodged. The allegation of giving money for unlawful purpose also appears vague.
Considering the facts and circumstances, as stated above, this application for anticipatory bail is allowed and it is directed that the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten
Patna High Court Cr.Misc. No.39555 of 2017 (2) dt.22-08-2017 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawadah Town Police Station Case No. 416 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.
(Sanjay Kumar, J) Mahesh/- U T