Patna High CourtCR. MISC./82000/2023bail granted

Raj Kumar v. The State Of Bihar

2024-03-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82000 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== RAJ KUMAR SON OF KISHUNI RAM RESIDENT OF VILLAGEMADHUBAN P.S KANTI DISTRICT MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bela P.S. Case No. 74 of 2023 registered on 14.08.2023 lodged under Sections 379/420 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against unknown accused persons to whom there is an allegation that A.T.M fraud has been done.

4. Counsel for the petitioner submits that name of the petitioner has been figured in this case by the virtue of confessional statement of his own that he is involved in committing fraud.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 05.09.2023 having no criminal case pending against him.

Patna High Court CR. MISC. No.82000 of 2023(3) dt.05-03-2024 2/2

6. Learned counsel for the State opposes the prayer for bail and submits that petitioner is a fraud person and he will again commit such type of fraud. The modus operandi of the fraud has been mentioned in the F.I.R.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail with the condition that he will provide proof that he has return the said amount to the informant and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Bela P.S. Case No. 74 of 2023, subject to the following conditions laid down under Section 437

(3) of the Cr.P.C.

8. It is made clear that upon acceptance of payment of Rs. 20,000/- shall not be anticipated by the trial court that he has accepted his guilt.

(Dr. Anshuman, J) Sunnykr/- U