Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22421 of 2025 Arising Out of PS. Case No.-135 Year-2024 Thana- ARERAJ District- East Champaran ====================================================== Rakesh Kumar Son of Late Hira Sah @ Hira Sahani Resident of village - Mananpur, ps- Govindganj, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Areraj P.S. Case No. 135 of 2024 dated 26.09.2024 registered for the offences punishable u/ss 316(2), 318(4), 338, 336(3), 340(2) read with Section 3(5) of the B.N.S.
3. As per the prosecution case, police apprehended the co-accused, Mintu Kumar who disclosed the name of the accused persons including the petitioner who are involved in Cyber Crime. On the said information, police apprehended the petitioner from his house and recovered cheque books and Pass-books of several banks. It is further alleged that the
Patna High Court CR. MISC. No.22421 of 2025(2) dt.16-06-2025 2/3 apprehended accused person disclosed the name of the coaccused, Pawan Kumar who used to open Pass-book in their names and paid Rs. 5000/- each bank account.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused, Mintu Kumar. Learned counsel has further submitted that the recovery has been made from the house of the petitioner which belongs to the petitioner. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The coaccused person has already been granted regular bail by this court vide order dated 18.03.2025 passed in Cr. Misc. No. 7981/2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.22421 of 2025(2) dt.16-06-2025 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Areraj P.S. Case No. 135 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T