Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11062 of 2025 Arising Out of PS. Case No.-306 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.
Rajesh Kumar S/o- Alakhdev Prasad Village- Ugavan Ps- Asthawan DistNalanda 2.
Rupesh Kumar S/o- Munna Kumar @ Munna Prasad Village- Ugavan PsAsthawan Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners seek bail in connection with Asthawan P.S. Case No. 306 of 2024 registered for the alleged offences under Section 316(3), 319(2), 318(4), 338, 336(3), 340(2), 3(5) of Bhrtiya Nyay Sanhita.
3. As per the prosecution case, the petitioners and other co-accused were found cheating innocent persons by luring them into getting jobs in Indian Gigolo Club, getting them married to a girl of their choice and they were also making fake documents and dealing in obscene photographs of girls.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.11062 of 2025(2) dt.06-03-2025 2/3 petitioners are innocent and have been falsely implicated in this case. Petitioners have been apprehended on mere suspicion and mobile phone of the petitioners were seized. There is no material to show that the petitioners committed fraud with any person. There is no material to connect the petitioners with the offences as alleged. There is no independent witness or any person who might have been duped by the petitioners. The petitioners are in custody since 15.12.2024 and charge sheet has been submitted. The petitioners are having clean antecedent.
5. Learned APP opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioners, period of custody of the petitioners and submission of charge sheet, the petitioners above named are directed to 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 learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 306 of 2024, subject to the following conditions :
(i) One of the bailors will be a close relative
Patna High Court CR. MISC. No.11062 of 2025(2) dt.06-03-2025 3/3 of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (Arun Kumar Jha, J) Prakash/- U