Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55184 of 2023 Arising Out of PS. Case No.-292 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== 1.
Rahul Kumar S/O Ashok Prasad Village Jamunapur, Kaidimiyar Ps Noorsarai District Nalanda 2.
Vishnu Yadav S/O Mahesh Yadav R/O Vill - Solahanagla Sindhi, P.S. - Firozabad, Distt. - Firozabad (UP) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar Sinha, Sr. Advocate Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.
2. Heard learned counsel for the petitioners and learned A.P.P for the State.
3. The petitioners have preferred this application for grant of regular bail in connection with Laheri P.S. Case No. 292 of 2023 dated 12.05.2023 registered for the offences punishable u/ss 419, 420, 467, 468, 471, 379 and 120B read with section 34 of the Indian Penal Code and section 66(c) (d) of the IT Act.
4. As per the prosecution case, two miscreants were
Patna High Court CR. MISC. No.55184 of 2023(2) dt.31-08-2023 2/3 trying to withdraw cash from the ATM in suspected condition and on seeing the police party they tried to hide themselves but they were apprehended and disclosed their names as Rahul Kumar and Vishnu Kumar. On search, nine ATM cards, three mobile phones, one page of bank account and Rs. 9,000/- in cash were recovered from the possession of Rahul Kumar and three ATM cards, one mobile phone and Rs. 2300/- were recovered from the possession of Vishnu Kumar.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioners. Learned counsel has further submitted that no one has made any complaint against the petitioners regarding the said withdrawn amount. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.05.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing
Patna High Court CR. MISC. No.55184 of 2023(2) dt.31-08-2023 3/3 bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda, Bihar Sharif in connection with Laheri P.S. Case No. 292 of 2023.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T