Bhim Raut @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82929 of 2023 Arising Out of PS. Case No.-223 Year-2023 Thana- KASHICHAK District- Nawada ====================================================== Bhim Raut @ Rajesh Kumar, aged about 25 years, Male, son of Suren Raut @ Sharwan Raut, resident of village- Lalbigha, P.S.- Kashichak (O.P. Sahpur), District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Kashichak (Shahpur OP) PS Case No.223 of 2023 dated 26.08.2023, instituted under Sections 419, 420,467, 468, 471, 414, 12-B of the Indian Penal Code and Sectins 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
Patna High Court CR. MISC. No.82929 of 2023(2) dt.10-01-2024 2/3 apprehended, who disclosed their names as Sudhanshu Kumar 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 has been falsely implicated in this case. The name of the petitioner has been disclosed by the apprehended persons. Nothing has been recovered either from conscious possession of the petitioner or from the spot which may indicate the involvement of the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on 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 Additional Chief Judicial Magistrate-VI, Nawada, in Kashichak (Shahpur OP) PS Case No.223 of 2023, subject to the conditions
Patna High Court CR. MISC. No.82929 of 2023(2) dt.10-01-2024 3/3 laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U