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Rahul Kumar v. The State of Bihar

Patna HC6 Dec 2022CR. MISC./45765/2022

Case brief

AI extract

What is this about?

Bail application filed by Rahul Kumar in PS. Case No. 102 of 2022 for offences under sections 420, 379, and 411 IPC. The court granted bail considering the petitioner's clean antecedents and the compromise filed by the informant.

What did the court decide?

The petitioner be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to be approved by the court concerned.

Rahul Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45765 of 2022

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Arising Out of PS. Case No.-102 Year-2022 Thana- SINGHWARA District- Darbhanga

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======================================================

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Rahul Kumar S/o nand Kishor Ray @ Nand Kishore Roy Resident of village - Pirakpur (Pirakhpur), P.S.- Bochaha, Dist.- Muzaffarpur.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Nitu Kumari, Adv. For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 06-12-2022

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The learned counsel for the petitioner is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner and the learned APP for the State.

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Petitioner seeks regular bail in connection with Singhwara P.S. Case No. 102 of 2022 registered for the offences punishable under Sections 420, 379 and 411 of the Indian Penal Code.

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As per the prosecution, the informant alleged that this petitioner along with other co-accused person gave her misleading information about transaction process thereafter they took the informant's ATM card and misused it and upon making search on this petitioner five ATM cards, a cash of Rs. 14,000/-,

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Patna High Court CR. MISC. No.45765 of 2022(2) dt.06-12-2022 2/3

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a mobile phone and a motorcycle were recovered.

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The main submissions advanced by learned counsel

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Ms. Nitu Kumari appearing for the petitioner are that the petitioner has fair and clean antecedent, the allegation against him is that he was riding a motorcycle on which the co-accused Aman Kumar was sitting and the allegation of taking away the ATM card of the informant is against the co-accused Aman Kumar and the motorcycle seized belongs to the petitioner’s uncle and hence the alleged offence of 411 of the Indian Penal Code does not attract in this case. Further submission is that the informant has compromised this case with this petitioner and filed a compromise petition vide Annexure- 2 before the court below and the petitioner has been languishing in jail since 06.06.2022.

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Learned APP Mr. Aditya Narayan Singh.1 appearing for the State has opposed the bail prayer.

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Having regard to the facts and circumstances of this case, considering the above submissions and petitioner’s clean antecedent and stage of his case, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the

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Patna High Court CR. MISC. No.45765 of 2022(2) dt.06-12-2022 3/3

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like amount each to the satisfaction of the Court concerned in connection with Singhwara P.S. Case No. 102 of 2022.

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(Shailendra Singh, J.)

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annu/-

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U T

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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