Rajpal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73534 of 2024 Arising Out of PS. Case No.-287 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Rajpal Kumar Son of Lalan Ram @ Lalan Kumar Village- Chakwai Balwapar, Ps- Warisaliganj, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 287 of 2024 instituted for the offence under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(B) & 66(D) of the IT Act.

3.

Prosecution case in short is that police on secret information regarding assembly of cyber criminals, who are cheating innocent persons, raided in the orchard situated east to village 'Chakwai Balwapar', from where five accused persons including the petitioner was apprehended. On search, there is recovery of two mobile phones from the possession of the

Patna High Court CR. MISC. No.73534 of 2024(3) dt.17-12-2024 2/3 petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-07-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No incriminating material has been recovered from the possession of the petitioner. The mobile phones allegedly recovered from the petitioner does not belong to him, rather the same is planted by the police officials. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is recovery of two mobile phones from the possession of the petitioner, and the same was used in cyber cheating.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on

Patna High Court CR. MISC. No.73534 of 2024(3) dt.17-12-2024 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. Case No. 287 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T