Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5734 of 2025 Arising Out of PS. Case No.-257 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Hemant Kumar Son of Sogarath Sahani @ Sona Lal Sahni Village- Bara Bharti, P.S- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Learned senior counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kotwa P.S. Case No. 257 of 2024 instituted for the offences under Sections 318(4), 338, 336(3), 340(2), 3(5), 317(2) of the B.N.S. 3.

As per prosecution case, the accusation against the accused persons including the petitioner is of engaged in fraudulent activities at bank ATM Centres. It is alleged that the petitioner is accused of deceiving innocent people by obtaining their real ATM cards and PIN codes, providing fake cards in return and, subsequently, withdrawing money unlawfully. 3.1 It is alleged that the police has recovered one mobile and two ATM Cards without name, one of HDFC Bank

Patna High Court CR. MISC. No.5734 of 2025(2) dt.07-02-2025 2/3 and another of Allahabad Bank. On query, he told that both the ATMs were fake. The police has also recovered one mobile and two fake ATMs of PNB from the possession of the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. It is further submitted that there is no signature of the petitioner in the production cum seizure list. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. So far as recovery of ATM cards are concerned, petitioner has no concern with the same. The petitioner has three criminal antecedents and is languishing in judicial custody since 20.09.2024 without any rhymes or reason. Other co-accused has been granted bail by this Court vide order dated 21-01-2025, passed in Cr. Misc. No. 1289 of 2025.

5.

On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner.

Patna High Court CR. MISC. No.5734 of 2025(2) dt.07-02-2025 3/3 6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwa P.S. Case No. 257 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) Raj Kishore/- U T