Raunak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53718 of 2022 Arising Out of PS. Case No.-298 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== Raunak Kumar, S/o Ramakant Singh, Resident of Village- Onma, P.S.- Shekhopursarai, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar, Advocate For the State :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-12-2022 This matter has been listed today for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks bail in connection with Barbigha P.S. Case No. 298 of 2022 for the offences punishable under Sections 420 and 120(B) of the Indian Penal Code. As per prosecution case, on secret information about the withdrawing money from A.T.M. by fraud when the police patrolling reached near SBI ATM the petitioner tried to escape but was apprehended and on search three ATM cards of different

Patna High Court CR. MISC. No.53718 of 2022(2) dt.23-12-2022 2/3 Banks recovered from his possession. The petitioner disclosed that he was working on commission for accused Bipul Kumar. Learned counsel for the petitioner submits that petitioner is a student aged about 19 years and he has no criminal antecedent. Charge sheet has already been submitted in this case. The petitioner is in custody since 10.07.2022. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P. S. Case No. 298 of 2022, subject to the following conditions.

(i) Petitioner shall cooperate in the trial and shall be physically present on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court Below. (ii) If the petitioner tampers with the evidence or the witness, in that case the prosecution will be at liberty to move

Patna High Court CR. MISC. No.53718 of 2022(2) dt.23-12-2022 3/3 for cancellation of bail.

(iii) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(Sunil Dutta Mishra, J) kamlesh/- U T