Patna High CourtCR. MISC./69142/2022allowed

Rahul Kumar @ Rahul Kumar Baitha v. The State Of Bihar

2023-04-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69142 of 2022 Arising Out of PS. Case No.-549 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== RAHUL KUMAR @ RAHUL KUMAR BAITHA SON OF SHYAM BIHARI BAITHA R/O VILLAGE- JHAUA TOLA RANHA, WARD NO.8, P.S.- SRI NAGAR PUJAHA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 400, 401, 402, 403, 411, 413, 414, 420, 467, 468, 471, 472, 379 and 120B of the IPC and Section 66(C ), 66(F) of the I.T. Act. As per allegation in the FIR, four accused persons including the petitioner were apprehended by the police after chase and from the possession of the petitioner a number of ATM Cards, Aadhar Cards, VISA Card, Rupay Card and five smart phones were recovered from possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Provision

Patna High Court CR. MISC. No.69142 of 2022(3) dt.11-04-2023 2/2 of Section 100 Cr.P.C. has not been followed as seizure list appears doubtful being not signed by the independent witness. Similarly situated other accused persons have already been enlarged on bail by this Court vide order dated 24.3.2023 passed in Cr. Misc. No. 70924 of 2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, West Champaran at Bettiah in connection with Majhauliya P.S. Case No. 549 of 2022.

(Sunil Kumar Panwar, J) sushma/- U