Kumkum Raut @ Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82973 of 2023 Arising Out of PS. Case No.-223 Year-2023 Thana- KASHICHAK District- Nawada ====================================================== Kumkum Raut @ Jitendra Kumar S/O Asho Raut R/O Village- Lal Bigha, P.S- Kashichak (SHAHPUR O.P), Distt.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinkar Kumar For the Opposite Party/s :
Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Kashichak (Shahpur O.P.) P.S. Case No. 223 of 2023 dated 26.08.2023, instituted for the offence punishable under Sections 419, 420, 467, 468, 471, 414/120(B) of the Indian Penal Code and Under Sections 66 (B) (C) (D) of the I.T. Act.
3. It is alleged that the informant, who is a Police Officer, received information that in the orchard of Bholi Singh at village Lalbigha, some persons are cheating others from different mobiles. The informant along with other police personnel went there and on seeing the police party 8-10 persons started fleeing. However, two of them were apprehended, who disclosed their names as Sudhanshu Kumar
Patna High Court CR. MISC. No.82973 of 2023(2) dt.10-01-2024 2/3 and Kundan Kumar. The arrested persons admitted that they used to commit forgery in the name of giving loan from Bajaj Finance Company and disclosed the name of the persons, who fled away. Six mobile phones and other incriminating materials were recovered from the possession of the arrested persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that two persons namely Sudhanshu Kumar and Kundan Kumar were apprehended at the spot, who disclosed the name of six accused persons, petitioner is one of them. It is further stated that nothing has been recovered from the conscious possession of the petitioner. It is further submitted that similarly situated co-accused person namely, Bhim Raut @ Rajesh Kumar has been granted bail vide order dated 10.01.2024 i.e. today passed by this court in Criminal Miscellaneous No. 82929 of 2023. Lastly, it has been submitted that he has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of
Patna High Court CR. MISC. No.82973 of 2023(2) dt.10-01-2024 3/3 six weeks from today, in connection with Kashichak (Shahpur O.P.) P.S. Case No. 223 of 2023 he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned I/C A.C.J.M., VI, Nawada, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T