Raju Singh @ Raju Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75190 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- AMNAUR District- Saran ====================================================== Raju Singh @ Raju Kumar Singh Son of Late Nagendra Singh Resident of village- Mandrauli, P.S.- Amnour , Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Harshvardhan, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-10-2024 Heard the parties.
2. The petitioner is in custody in connection with Amnour P.S. Case No. 132 of 2024 for the offence under Sections 498(A), (B), (C), (D) and 420/34 of the Indian Penal Code lodged on 08.05.2024 by the informant, Pintu Kumar.
3. As per the prosecution story, the informant alleged that on information, the house of Bacha Tiwari was raided and counterfeit currencies recovered/seized. Though accused tried to escape, they were arrested and disclosed their name as Bacha Tiwari, Dhiraj Kumar Singh, Pawan Kumar Manjhi as also Pinku Tiwari. All kinds of notes from Rs. 500/- to 200/- and 100/- beside Rs. 20 were recovered/seized. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession but his name has come in the confessional statement of accused Bacha Tiwari and earlier also he was implicated in similar case as would reflect from para-3. Further, if given a chance, he will be diligently appearing in the trial. He further undertakes that if
Patna High Court CR. MISC. No.75190 of 2024(2) dt.24-10-2024 2/3 he is nabbed in similar case, the trial court shall ensure cancellation of his present bail bond, if granted relief. He is an employee of Access Development Services and was on duty. The last submission is that one of the accused persons, namely, Pawan Kumar Manjhi @ Pawan Kumar Singh has been granted bail in Cr. Misc. No. 72769 of 2024. Let the same be kept on record.
5. Learned APP opposes the prayer submitting that he is the person who used to provide the fake money to the accused persons.
6. Though allegation is there, the fact remains that nothing has been recovered from his conscious possession, according to the petitioner he is an employee of the Access Development Services, similarly situated persons has been granted relief, as stated above, he has undertaken that he will be diligently appearing in the trial, he further undertakes that if he is nabbed in similar case, the present bail bond be cancelled, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra, in
Patna High Court CR. MISC. No.75190 of 2024(2) dt.24-10-2024 3/3 connection with aforesaid P.S. Case, subject to the following conditions:
(i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T