Kushnath Kumar @ Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85048 of 2023 Arising Out of PS. Case No.-642 Year-2023 Thana- SAHPUR District- Patna ====================================================== 1.
Kushnath Kumar @ Prakash Kumar Son Of Dhawaklal Prasad @ Dhawakal Prasad @ Ghaukal Prasad Resident Of Mohalla -Bharauli Shahpur, PsShahpur, Dist- Bhojpur At Present Village Turha Toli, Ps- Shahpur, DisttPatna 2.
Sudhir Kumar Mehra Son Of Late Ramdutt Prasad R/O Village- Sabajpura @ Sabajpur, Ps- Phulwari Sharif, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Sharan Singh For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 420, 467, 468, 469, 471/34 of the Indian Penal Code and Sections 66(c) and 66(d) of the I.T. Act.
3. The allegation against the petitioners along with others is of collecting papers and money from the persons for passing out in the Constable Recruitment Examination. It is further alleged that on search by the informant Mobile, ATM Card of different Banks, Pan Card and certificates of several candidates including admit cards have been recovered.
Patna High Court CR. MISC. No.85048 of 2023(2) dt.09-01-2024 2/2
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case on the basis of confessional statement of co-accused Sudhir Kumar Chaudhary. They have committed no offence. From the perusal of the FIR, it is apparent that no offence has been committed as alleged in the FIR and there is said to be preparation of committing offence only. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 01.10.2023.
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 as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Danapur, Patna in connection with Shahpur P.S. Case No. 642 of 2023. (Sunil Kumar Panwar, J) Arish/- U T