Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3240 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== 1.

Rakesh Kumar S/o Nathuni Sahni Resident of Village- Gisara Ward No.11, P.S.- Parsauni, Distt.- Sitamarhi 2.

Mukesh Kumar S/o Nathuni Sahni Resident of Village- Gisara Ward No.11, P.S.- Parsauni, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seeks bail in connection with Khagaria P.S. Case No. 83 of 2024 instituted for the offences under Sections 328, 379, 420 of the Indian Penal Code and Sections 66(c), 66(D) of the Information Technology Act.

3. Prosecution case, in short, is that the accused persons administered drugs to the informant as a result of which he became unconscious and thereafter, they took away his bag and also transferred Rs. 90,230/- into their account.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Petitioners are not named in the F.I.R. The names of the

Patna High Court CR. MISC. No.3240 of 2025(3) dt.22-04-2025 2/2 petitioners transpired in this case only on account of the fact that the alleged amount was transferred in the accounts of these petitioners. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have got no concern with the looted articles. It has been submitted on behalf of the petitioners that the petitioners are in custody since 21.10.2024 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khagaria P.S. Case No. 83 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T