Patna High CourtCR. MISC./28257/2024bail granted

Raushan Kumar v. The State Of Bihar

2024-04-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28257 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== Raushan Kumar S/o Lal Babu Singh Resident of Village- Leva, Ward No. 15, P.S.- Maheshkhunt, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maheshkunt P.S. case No. 173 of 2023 instituted for the offences under Section 420 of the Indian Penal Code.

3. Prosecution case, in short, is that an unknown person has fraudulently withdrawn cash amounting to Rs. 42,000/- from the Bank account of the informant using ATM Card.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.28257 of 2024(2) dt.19-04-2024 2/2 transpired in this case during investigation on the basis of selfconfessional statement of this petitioner. No incriminating 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 is in custody since 05.12.2023 and has four criminal antecedents and he is on bail in all the cases.

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, 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 Maheshkunt P.S. case No. 173 of 2023.

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