Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46492 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- LADAIYATAR District- Munger ====================================================== RAHUL KUMAR Son of Surendra Paswan Resident of Village - Govindpur (Dharhara), P.S.- Laraiyatand, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Laraiyatand P.S. Case No. 21/2022, registered for the offence punishable under Sections 406, 467, 468, 471, 465, 420, 120B and 171 of the Indian Penal Code.

The case of the prosecution, in brief, is that on 18.4.2022, the informant received a secret information from the Senior Police Officials that the petitioner is engaging in impersonating as a Sub-Inspector of Police and is cheating innocent persons by giving them assurance of employment in Police Department as Sub-Inspector and

Patna High Court CR. MISC. No.46492 of 2022(2) dt.16-12-2022 2/3 Constable. On such information, the informant along with other police personnel had conducted a raid in the house of the petitioner and upon him being asked about his occupation, he disclosed that he is working as a Sub-Inspector of Police, belongs to the 2017 batch and is posted at Begusarai Police line. It is further alleged that on search, one Scorpio vehicle fitted with siren, green coloured hunter boot, police dress, huge amount of cash etc. were recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 19.4.2022. The learned counsel for the petitioner has further submitted that there is no allegation whatsoever, from any corner, regarding the petitioner having cheated anyone and embezzled their money, on the pretext of providing them employment in the Police Department.

Per contra, the learned APP for the State has

Patna High Court CR. MISC. No.46492 of 2022(2) dt.16-12-2022 3/3 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that serious allegation has been levelled against the petitioner of impersonating as a Sub-Inspector of Police, hence, I am not inclined to grant bail to the petitioner at the moment, however, I deem it fit and proper to direct for release of the petitioner on bail, upon framing of charges, in the ongoing case, on such conditions as may be deemed fit and proper to be imposed by the learned court of J.M.1st Class, Munger in connection with Laraiyatand P.S. Case No. 21/2022.

The petition stands disposed off with the aforesaid observations and directions.

(Mohit Kumar Shah, J) Ajay/SonalU T