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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78032 of 2024 Arising Out of PS. Case No.-420 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Rahul Kumar @ Rahul Kumar Patel S/O- Ravindra Patel, Resident of VillageTaulaha, P.S- Ramnagar, District-West Champarn ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Adya Singh, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard Mr. Ram Adya Singh, learned counsel for the petitioner and Mr. Md. Mushtaque Alam, learned APP for the State.

2. The petitioner has prayed for bail in connection with Muffassil (Banuchhapar O.P.) P.S. Case No.420 of 2024 registered for the offence punishable under Section s 406 and 420 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has withdrawn the amount of loan of ladies whose name is there in the F.I.R. and has misappropriated the same.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. During course of investigation, the I.O. has taken statement of the ladies whose name is there in the F.I.R. and they have stated that they have not

Patna High Court CR. MISC. No.78032 of 2024(4) dt.24-02-2025 2/2 received any loan. In this case, charge sheet has been filed by the I.O. but from perusal of the entire records, it transpires that without perusing the documents of the financial institution only on the basis of the statement of the victims, the I.O. has filed the chargesheet. The investigation has been conducted in most perfunctory manner. Though, there is allegation that petitioner has misappropriated the cash of the victims but there is no documentary evidence to support this allegation. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 02.08.2024.

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

6. 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 C.J.M., Bettiah (West Champaran) in connection with Bettiah Muffassil (Banuchhapar O.P.) P.S. Case No. 420 of 2024. (Ashok Kumar Pandey, J) lata/- U T