Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34736 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Raushan Kumar Son Of Shivshankar Saw R/O Village- Abhiyachak, P.S.- Katri Sarai, Dist- Nalanda, Biharsharif ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rizwanul Haque, Adv.
For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Laheri P.S. Case No. 30 of 2024 instituted for the offences under Sections 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code and Section 66(C), 66(D) of the I.T. Act.
3. As per prosecution case, the allegation against the accused persons including the petitioner is of cheating the innocent people by opening fake accounts and preparing fake A.T.M. Cards.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.34736 of 2024(2) dt.06-05-2024 2/3 He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 17.01.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. Learned counsel for the petitioner again submits that the co-accused Hare Ram Kumar has been granted bail by this Court vide order dated 26.04.2024 passed in Cr. Misc. No. 32144 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the nature of allegation made against the petitioner is serious in nature. The petitioner was caught on the spot and the police has recovered one mobile, two debit cards, two Visa cards in the name of different persons and cash amounting Rs. 5,300/- from his possession which itself shows that the petitioner is indulged in Cyber crime.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the
Patna High Court CR. MISC. No.34736 of 2024(2) dt.06-05-2024 3/3 petitioner, abovenamed, 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 Laheri P.S. Case No. 30 of 2024. (Rudra Prakash Mishra, J) rishi/- U T