Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71035 of 2022 Arising Out of PS. Case No.-456 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== RAJESH KUMAR S/O Shivchandra Sharma R/O Village Lahladpur, P.SPatepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 09.06.2022 in connection with Runnisaidpur P.S. Case No. 456 of 2021, F.I.R. dated 13.08.2021 for the offences punishable under Sections 420 and 379 of the Indian Penal Code. According to prosecution case, as per written report of the informant alleging therein that on on 29.07.2021 Rs.5,40,000/- was withdrawn from his account No. 0829000102111883 of Punjab National Bank, Runnisaidpur Branch by some unknown person without the information and permission of the informant.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner is not named in

Patna High Court CR. MISC. No.71035 of 2022(6) dt.03-07-2023 2/3 the F.I.R. and name of the petitioner has been transpired during investigation on the basis of self confessional statement of the petitioner which was recorded in Muzaffarpur Town P.S. Case No. 487 of 2021. He further submits that nothing has been recovered from the conscious possession or the house of the petitioner and except the self confessional statement of the petitioner, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 09.06.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries seven criminal antecedents other than the present one and out of seven cases petitioner is on bail in two cases.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail 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, Sitamarhi in connection with Runnisaidpur P.S. Case No. 456 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.71035 of 2022(6) dt.03-07-2023 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T