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Patna High CourtCR. MISC./22179/2024bail granted

Prahlad Kumar v. The State Of Bihar

2024-04-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22179 of 2024 Arising Out of PS. Case No.-286 Year-2023 Thana- KASHICHAK District- Nawada ====================================================== PRAHLAD KUMAR S/O RAM CHANDER SINGH @ RAM CHANDRA SINGH R/O VILLAGE- REWRA, P.S- KASHICHAK, DIST.- NAWADA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kashichak P.S. Case no.286 of 2023 registered under sections 420, 419, 467, 468, 471, 414 and 120B of the Indian Penal Code and sections 66D, 66C and 66B of the I.T Act.

3. As per the prosecution case, the informant states that on information having been received, a raid was conducted on the premises in question. Seeing the police personnel, the accused persons attempted to escape but the petitioner and one another were caught with the incriminating articles including mobile phones, ATM cards etc. On enquiry, it is stated that the accused disclosed that on the pretext of getting loan from finance companies, they cheat innocent persons. They disclosed the name of their accomplices.

Patna High Court CR. MISC. No.22179 of 2024(3) dt.10-04-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating material has been recovered from the possession of the petitioner. A similarly situated co-accused namely Bittu Kumar has been enlarged on bail vide order dated 7.2.2024 passed in Cr. Misc. no.4457 of 2024. The petitioner has no criminal antecedent and is in custody since 19.11.2023.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, his having remained in custody for 4 months since 19.11.2023, not having any criminal antecedent, grant of bail to the abovenamed co-accused Bittu Kumar and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kashichak P.S. Case no.286 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 Chief Judicial Magistrate, Nawada.

(Partha Sarthy, J) Shiv/- U