Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36102 of 2024 Arising Out of PS. Case No.-554 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Rahul Kumar son of Suryadev Paswan @ Surajdev Paswan Village- Utrawan Ps- Khijesarai Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 554 of 2023 instituted for the offence under Sections 420 & 379 of the Indian Penal Code. 3.

Prosecution case in short is that informant's ATM card was changed by one unknown person and on two occasions, accused has withdrawn Rs. 80,000/- from the SBI Account.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-12-2023. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.36102 of 2024(2) dt.21-05-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner transpired during the course of investigation on the basis of selfconfessional statement of the petitioner. Nothing has been recovered from the possession of the petitioner. It is next submitted that petitioner was not put on T.I.P. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Daudnagar P.S. Case No. 554 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T