Patna High CourtCR. MISC./59215/2024bail granted

Pawan Kumar v. The State Of Bihar

2024-10-18Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59215 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- ROH District- Nawada ====================================================== Pawan Kumar Son of Krishna Singh R/V-Village - Kunjaila, P.S. - Roh, Dist. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar Mr. Hemant Ray For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Roh Police Station Case No. 177 of 2024, dated 18.06.2024, disclosing offences under Sections 419/420/467/468/471/120-B/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 17.06.2024, in the evening, the police, on secret information that the petitioner, along with other coaccused persons, are scamming/decoying people on phone in order to make money by false assurance of jobs, reached the place of occurrence. On seeing police party, they started fleeing away, however, one person i.e.

Patna High Court CR. MISC. No.59215 of 2024(3) dt.18-10-2024 2/3 petitioner was apprehended.

4. Learned counsel for the petitioner submits that the petitioner has been made accused only on the ground of his confessional statement before the police and except that no material is there against him. The CDR (Call Data Record) of the seized mobile phone of the petitioner has also not been procured during course of investigation. He next submits that charge-sheet has been submitted against the petitioner and there is no likelihood that the petitioner will abscond and/or temper with the evidence or repeat the same offence. The petitioner is not having any criminal antecedent.

5. On the other hand, learned counsel for the State referring to the case diary submits that the charge-sheet has been submitted on the basis of statement of constable only and no independent witnesses and/or victims have been examined during the course of investigation and the CDR report has also not been procured by the Investigation Officer. The petitioner is in custody since 18.06.2024.

6. Regards being had to the submissions made by the parties and taking into consideration the period of custody since 18.06.2024 and the fact that charge-sheet has been

Patna High Court CR. MISC. No.59215 of 2024(3) dt.18-10-2024 3/3 submitted and there is no likelihood that the petitioner will abscond and/or temper with the evidence, I am inclined to grant regular bail to the petitioner.

7. This application is, accordingly, allowed.

8. 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 Judicial Magistrate 1st Class, Nawada, in connection to the Roh Police Station Case No. 177 of 2024.

(Anil Kumar Sinha, J) ashwani/- U T