Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25607 of 2024 Arising Out of PS. Case No.-417 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Raushan Kumar son of Lal Babu Singh Village- Leva W.No-15, PsMaheshkhunt Dist-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Parbatta (Maraiya) P.S. Case No. 417 of 2023 instituted for the offence under Sections 420, 406 of the Indian Penal Code.
3. Prosecution case, in short, that the informant gave his ATM card to one Rajan Kumar to withdraw money. Thereafter, the accused returned Rs. 2000/- and said that his ATM was out of cash. Later on, the informant received message of withdrawal of Rs. 75,000/- and when he went to bank to know about the withdrawal, he was informed that total 1,07,000/- money has been withdrawn from his bank.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.25607 of 2024(2) dt.05-04-2024 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of his self confession which is not admissible in the eye of law . No stolen article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner was remanded in this case from Parbatta (Maraiya) P.S. Case No. 481 of 2023, on 09.11.2023, and since then he is in custody, and has four criminal antecedents and out of total cases he has been granted bail in one case.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner and charge-sheet being submitted, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parbatta (Maraiya)
Patna High Court CR. MISC. No.25607 of 2024(2) dt.05-04-2024 3/3 P.S. Case No. 417 of 2023.
(Rudra Prakash Mishra, J) manishkumar/- U T