Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35319 of 2024 Arising Out of PS. Case No.-596 Year-2022 Thana- KADAMKUAN District- Patna ====================================================== Rahul Kumar Son of Chhote Prasad Gupta Resident of Village -Lehsuni Karai, P.S.- Masaurhi, District - Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kadamkuan P.S. Case no. 596 of 2022 registered under sections 420 and 379 of the Indian Penal Code.
3. As per the prosecution case, the informant states that on 16.10.2022, while she was using the ATM, the transaction did not go through because there was some defect in the digits 8 and 0. One unknown accused person reached there. It subsequently transpired that Rs. 1,10,000/- had been debited from the account of the informant's mother.
4. Learned counsel for the petitioner submits that the petitioner has been falsely been implicated in the case. The cause of implication in course of investigation according to the prosecution is that allegedly a sum of Rs. 25,000/- was
Patna High Court CR. MISC. No.35319 of 2024(2) dt.10-05-2024 2/2 transferred from the informant's mother's account to the account of the petitioner. It is submitted that the petitioner works as a labourer and the said amount was transferred in his account for his work. The petitioner is in custody since 3.10.2023 and has no criminal antecedent.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R, the liberty granted in the earlier order of rejection dated 19.3.2024 (Annexure- 1), charge having been framed against the petitioner in the learned trial Court on 28.3.2024, photocopy of certified copy of which has been brought on record as Annexure- P/3 to the petition and the petitioner having remained in custody since 3.10.2023, the petitioner is directed to be enlarged on bail in connection with Kadamkuan P.S. Case no. 596 of 2022, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Patna. (Partha Sarthy, J) Harsh/- U T