Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10846 of 2020 Arising Out of PS. Case No.-951 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== RAHUL KUMAR Son of Nakul Prasad Resident of Village- Bhuwan Bigha, P.S.- Jehanabad in the District of Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Jehanabad P.S. Case No. 951 of 2018 registered under sections 406, 420, 504, 506 and 34 of the Indian Penal Code. As per allegation in the FIR, it is stated by the informant that both the informant as well as the petitioner are students of MBBS in the University in Russia. It is stated that the petitioner collected a sum of Rs. 13.23 Lakh from five students for purchasing air tickets for them, however neither the air ticket was purchased nor the amount was returned. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and

Patna High Court CR. MISC. No.10846 of 2020(4) dt.02-09-2020 2/2 concocted and have been made for oblique reasons. The petitioner is still a student of MBBS course and is presently studying in Russia. He has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the submissions made on behalf of the petitioner of his being a student pursuing medical study in Russia and having no criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of three months from today and in the event of his arrest or surrender in connection with Jehanabad P.S. Case No. 951 of 2018, he shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T