Patna High CourtCR. MISC./34218/2024bail granted

Raushan Kumar v. The State Of Bihar

2024-05-13Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34218 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Raushan Kumar, aged about 28 years, Male, S/o Late Prahalad Prasad, R/o vill - Panchi, P.S. - Shekhopur Sarai, Distt. - Sheikhpura. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sheikhopur Sarai P.S. Case No. 36 of 2024 dated 12.03.2024 registered for the offences punishable under Sections 406, 419, 420, 467, 468, 471 and 120B/34 of the I.P.C.

3. As per the prosecution case, the police personnel apprehended 13 persons including the petitioner and others fled away from the place of occurrence and one mobile phone was recovered from possession of the petitioner. The apprehended persons disclosed that they alongwith other accused persons are involved in providing loan to the people and also used to cheat them.

Patna High Court CR. MISC. No.34218 of 2024(2) dt.13-05-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that from the said recovered mobile from the possession of the petitioner no any chat whatsapp message has been collected by the police to show the involvement of the petitioner in the alleged advertisement for providing loan, seeking money in lieu of old coin. There is no compliance of Section 100 of the Cr.P.C. No incriminating article has been recovered from possession of the petitioner. It is further submitted that other co-accused Vivek Chaudhary has already been granted bail by a Bench of this Court vide Cr. Misc. No. 33567 of 2024 under order dated 09.05.2024. The petitioner has three criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 12.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura

Patna High Court CR. MISC. No.34218 of 2024(2) dt.13-05-2024 3/3 in connection with Sheikhopur Sarai P.S. Case No. 36 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T