Patna High CourtCR. MISC./28962/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 28962 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- ROH District- Nawada ====================================================== Rahul Kumar Son of Shri Dinesh Singh Resident of Village- Bhandajore, P.S.- Roh, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Roh P.S. Case No. 42 of 2024 instituted for the offences punishable under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 66 (B) and 66 (D) of the I.T. Act.

3. As per prosecution case, there has been recovery of three mobile phones from the possession of the petitioner.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is a poor labourer and he returned from doing work, the police has arrested him. He further submitted that as alleged seized mobile

Patna High Court CR. MISC. No. 28962 of 2024(2) dt.20-04-2024 2/2 phones belong to the petitioner. Only on the basis of suspicion, petitioner has been implicated in the present case by the police. The provision of Section 100 of the Cr.P.C. has not been followed in this case while preparing the seizure list. The petitioner is in custody since 08.02.2024. and he has no criminal antecedent.

5. Learned APP 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 well as 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 Roh P.S. Case No. 42 of 2024.

(Rudra Prakash Mishra, J) Arish/- U T