Raman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26812 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- SARSI District- Purnia ====================================================== RAMAN KUMAR SINGH S/O SRI PURAN SINGH R/O Village- Jhalari, P.S- Rupauli, Distt.- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sarsi P.S. Case No. 12 of 2023 registered for the offence under Sections 406, 468, 471, 384, 414, 420 and 34 of the Indian Penal Code. As per the F.I.R., the petitioner is said to have been apprehended along with 85 ATM Cards from his conscious possession.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that on bare perusal of the F.I.R., it appears that altogether 85 ATM cards of different Banks have been recovered from the petitioner. He further submits that it has come during the investigation that the alleged ATM cards have

Patna High Court CR. MISC. No.26812 of 2023(4) dt.11-09-2023 2/3 not been used for any illegal transaction from any of the Bank ATM by the petitioner. He further submits that there is noncompliance of Section 100 Cr.P.C. Moreover, co-accused, Dushyant Kumar @ Dushyant Kumar Singh, against whose possession 35 ATM cards have been recovered along with motorcycle and mobile, has already been granted bail by a co-ordinate Bench of this Court vide order dated 26.06.2023 passed in Cr. Misc. No. 33300 of 2023. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 21.02.2023.

Learned A.P.P. for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that that according to the seizure list, 85 ATM cards have been recovered from the possession of the petitioner and apart from the aforesaid, the petitioner carries two more cases other than the present one but he fairly submits that the petitioner has been allowed bail in both the cases.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on, after framing of charge, if not framed, furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class,

Patna High Court CR. MISC. No.26812 of 2023(4) dt.11-09-2023 3/3 Purnea in connection with Sarsi P.S. Case No. 12 of 2023 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T