Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25995 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

Sudhanshu Kumar son of Bijay Singh Resident of Village - Bilari, P.S.- Katrisarai, Distt.- Nalanda.

2.

Kunal Kumar Son of Siyaram Singh Resident of Village - Bilari, P.S.- Katrisarai, Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners who are in custody since 02.03.2019 have preferred this application for bail in connection with Sheikhpura P.S. Case No. 94 of 2019 registered for offence punishable under sections 406,420, 467, 468 470 and 471 of the Indian Penal Code.

As per the allegation in the FIR, the informant along with the police party, on receiving information that some boys belonging to a gang had been seen, proceeded on raid. It is alleged that on seeing the police party, four boys made an attempt to escape but three of them were chased and caught who disclosed their names as Sudhanshu Kumar, Kunal Kumar and

Patna High Court CR. MISC. No.25995 of 2019(6) dt.05-08-2019 2/3 Pappu Choudhary. It is stated that on search a mobile phone from the possession of Sudhanshu Kumar, a passbook, ATM Card and PAN Card from Pappu Choudhary and different ATM Cards and driving licence etc., from Kunal Kumar were recovered. A seizure list was prepared. They were not able to give any satisfactory reply with respect to the articles recovered. It is further alleged that they disclosed that they are into work of duping other persons by calling them and passing false information that they had won an Alto Car in prize.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the possession of the petitioners, no person has made any complaint alleging that he had been cheated, the so called confessional statement of the petitioners is before police and that they are in custody since 02.03.2019. Further petitioner no. 1 has no criminal antecedent while petitioner no. 2 is an accused in a case of bonded labour. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the petitioners and taking into consideration the facts and circumstances of the case including the nature of allegations and that the petitioners are in custody since 01.03.2009, the Court is inclined to enlarge the

Patna High Court CR. MISC. No.25995 of 2019(6) dt.05-08-2019 3/3 petitioners on bail. Let the petitioners above named be enlarged on bail on each of them furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 94 of 2019.

(Partha Sarthy, J) Prakash/- U