Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41223 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- BARBIGHA District- Sheikhpura ====================================================== Rakesh Kumar Son of Rampravesh Prasad R/O Vill.- Jhaur, P.S.- Warisaliganj, Dist.-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Raj For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barbigha P.S. case No. 86 of 2024 instituted for the offences under Sections 419, 420, 467, 468, 120B of the Indian Penal Code.

3. Prosecution case, in short, is that, police, on the basis of secret information that some miscreants who are the members of cyber crime gang are planning to commit fraud using ATM machine, raided the place of occurrence and apprehended six persons including this petitioner. On search, one mobile phone, cash amounting to Rs. 13,300/- and three debit cards were recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.41223 of 2024(2) dt.21-06-2024 2/2 Learned counsel further submitted that the recovered articles belongs to the petitioner and no any incriminating/looted article has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C.. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.03.2024 and has one criminal antecedent. Co-accused has been granted bail by this Court vide order dated 14.05.2024 passed in Cr. Misc. No. 35844 of 2024.

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

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Barbigha P.S. case No. 86 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U