Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81969 of 2023 Arising Out of PS. Case No.-713 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== Ashish Kumar Son of Nirmal Kumar Yadav @ Gopi Yadav R/O VillageJajhat Sabela, Ward No. 9, P.S.- Singheshwar, Dist.- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Akanand Kumar Son of Janardan Yadav R/O Village- Matha, P.S.- Salkhua, Dist.- Saharsa, Bihar- 852126 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Saharsa (Sadar) P.S. Case No. 713 of 2022, registered for the offences punishable under Sections 341, 323, 406, 420, 504, 506 and 34 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act (NIA).

3. As per the prosecution case, it is alleged that all the F.I.R. named accused persons including the petitioner have cheated the informant in the name of providing government job.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the informant with his ulterior motive. He further

Patna High Court CR. MISC. No.81969 of 2023(2) dt.10-01-2024 2/2 submits that the allegation that the informant had provided the alleged money for getting government job is itself an illegal act. Petitioner has no criminal antecedent and he is in jail custody since 17.11.2022.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Saharsa in connection with Saharsa (Sadar) P.S. Case No. 713 of 2022 with subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(Sunil Dutta Mishra, J) Ritik/- U T