Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22609 of 2024 Arising Out of PS. Case No.-813 Year-2023 Thana- MAHUA District- Vaishali ====================================================== 1.

RAJEEV KUMAR SON OF MUNESHWAR THAKUR RESIDENT OF VILLAGE - MAJIYA SHAHPUR, GHAUS, P.S. - GORAUL, KATHARA O.P., DISTRICT - VAISHALI, BIHAR 2.

SANJEEV KUMAR SON OF MUNESHWAR THAKUR RESIDENT OF VILLAGE - MAJIYA SHAHPUR, GHAUS, P.S. - GORAUL, KATHARA O.P., DISTRICT - VAISHALI, BIHAR 3.

RAJAN KUMAR SON OF LATE ASHOK SHARMA RESIDENT OF VILLAGE - BALRA KISHUN, P.S. - MANIYARI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Mahua P.S. case No. 813 of 2023 instituted for the offences under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Section 67 of the IT Act.

3. Prosecution story, in short, is that the operator of the Sharma Cyber Cafe situated at Patepur Road, Mahua has

Patna High Court CR. MISC. No.22609 of 2024(2) dt.02-04-2024 2/3 prepared a false provisional appointment letter and school posting letter of Sajia Khatoon.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. No specific overt act is alleged against these petitioners. Learned counsel further submitted that the specific allegation is against the operator of the Sharma Cyber Cafe, Mahesh Kumar. Learned counsel further submitted that the names of the petitioners have transpired in this case on the basis of confessional statement of the co-accused Mahesh Kumar. Petitioner nos. 1 and 2 are brothers of the Mahesh Kumar and petitioner no.3 is the brother-in-law of the Mahesh Kumar. Petitioners have no concern with the Sharma Cyber Cafe. It has been submitted on behalf of the petitioners that the petitioners are in custody since 18.12.2023 and 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, clean antecedent and no direct allegation 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

Patna High Court CR. MISC. No.22609 of 2024(2) dt.02-04-2024 3/3 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 withMahua P.S. case No. 813 of 2023.

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