Patna High CourtCR. MISC./6732/2024bail granted

Dilkhush Kumar v. The State Of Bihar

2024-02-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6732 of 2024 Arising Out of PS. Case No.-1733 Year-2023 Thana- NAWADA District- Nawada ====================================================== Dilkhush Kumar S/O SUMIT KUMAR @ ALOK KUMAR RESIDENT OF VILLAGE- OHARI, P.S.- NAWADA NAGAR, O.P.- KADIRGANJ, DIST. NAWADA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Nawada (Town) P.S. Case no.1733 of 2023 registered under sections 420, 379, 411 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that information was received from customers that despite completing the process of withdrawal of money in the ATM machine, the money could not be delivered. It is stated that on enquiries being made and on going over to the ATM machine, two persons were found entering the ATM booth who were taken into custody and which included the petitioner herein. On search, some ATM cards etc. were recovered from their

Patna High Court CR. MISC. No.6732 of 2024(2) dt.17-02-2024 2/2 possession.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedent. No incriminating article has been recovered from the petitioner's possession. He is in custody since 8.11.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., his being in custody for more than 3 months since 8.11.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Nawada (Town) P.S. Case no.1733 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada.

(Partha Sarthy, J) Saurabh/- U T