Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23398 of 2024 Arising Out of PS. Case No.-481 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Raushan Kumar, Male, aged about 21 years, son of Lal Babu Singh VillageLeva W.No-15, Ps- Maheshkhunt 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.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Parbatta P.S. Case No.481 of 2023 registered for the offence under Sections 420, 419, 467, 468, 471/34 of the Indian Penal Code.

3.

Allegation against the petitioner is to have cheated the informant and obtained his ATM card, where, money has not been withdrawn by the said ATM card. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of

Patna High Court CR. MISC. No.23398 of 2024(3) dt.15-04-2024 2/3 the alleged ATM was not recovered from conscious physical possession of this petitioner. It is further submitted that petitioner is in custody since 22.10.2022.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and period of custody of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Parbatta P.S. Case No.481 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that after release the petitioner have to present physically on each and every date before the Trial Court till conclusion of trial and if the petitioner would absent for two consecutive dates

Patna High Court CR. MISC. No.23398 of 2024(3) dt.15-04-2024 3/3 without any cogent reason, the bail bonds of the petitioner shall be cancelled by the learned trial court itself. (Ramesh Chand Malviya, J) S.Katyayan/- U T