Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64026 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== RAUSHAN KUMAR SON OF PRAVEEN KUMAR RESIDENT OF VILLAGE - MEYAPUR, P.S. - NEMDARGANJ, DISTRICT - NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 418, 419, 420, 465, 466, 467, 468, 472, 120-B of the Indian Penal Code and Section 66, 66(A), 66(B), 66(C), 66(D) of I.T. Act.

It is a case of cheating and recovery of incriminating articles and mobile from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He he has falsely been implicated in the present case due to malicious motive of the informant and high handedness of police. There is no complain against the petitioner on behalf of

Patna High Court CR. MISC. No.64026 of 2023(2) dt.11-10-2023 2/2 the public in respect of cheating. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. No consistent evidence has come against the petitioner to show his involvement in the alleged occurrence. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 27.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Cyber (Nawada) P.S. Case No. 11 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Nawada. (Sunil Kumar Panwar, J) lata/- U T