Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74029 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- MARAUNA District- Supaul ====================================================== 1.

Sushil Kumar, S/o Amarendra Yadav, R/o Village - Hariraha, P.S. - Ghailadh, District - Madhepura 2.

Rajnish Kumar, S/o Late Bambholi Yadav, R/o Village - Jhitkiya, P.S. - Ghailadh, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Marauna P.S. Case No. 74 of 2024 for the offence registered under Sections 316(2), 316(5), 318(4)/61(2), 317(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, both the petitioners under conspiracy committed fraud to grab the money of the company, filed a false case of loot of an amount of Rs. 1,28,000/- from them.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. For the said occurrence an FIR has been registered at Marauna P.S. Case No. 68 of 2024 under Section 309(4) of

Patna High Court CR. MISC. No.74029 of 2024(3) dt.18-12-2024 2/2 the BNS against the unknown and the petitioners have not made accused in the said case. He further submits that with mala fide intention and official rivalry of the informant with the petitioners, this case has been registered against the petitioners. No incriminating material has been recovered from possession of the petitioners except one motorcycle, which belongs to the petitioner no. 1. Petitioners are in custody since 22.07.2024, having no criminal antecedent. Charge sheet has already been submitted and the petitioners undertake to cooperate in the trial of the present case.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned court below in Marauna P.S. Case No. 74 of 2024.

(Sunil Dutta Mishra, J) khushbu/- U T