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Rajnish Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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Patna HC
2024
Rajnish Kumar Vs The State of BiharRajnish Kumar v. The State of Bihar

Allowed¶¶22

Rajnish Kumar v. The State of Bihar

Criminal Miscellaneous – Regular bail

Patna HC3 Apr 2024CR. MISC./16206/2024

Case brief

AI extract

What is this about?

Rajnish Kumar v. The State of Bihar; Patna High Court Criminal Miscellaneous No. 16206 of 2024; decided 03-04-2024 by Hon'ble Mr. Justice Partha Sarthy (oral order); regular bail allowed in Cyber P.S. Case No. 65 of 2023, District Nawada; offences under IPC Sections 419, 420, 379, 467, 468, 471, 120B and I.T Act Sections 66, 66B, 66C, 66D; custody since 18.12.2023; no criminal antecedent; charge-sheet filed; parity with co-accused Mohit Kumar, Prince Kumar, Rakesh Kumar (common bail order dated 12.3.2024 in Cr. Misc. Nos. 13511, 14052, 14810 of 2024); bail bond Rs. 10,000/- with two sureties; Judicial Magistrate 1st Class, Nawada; Advocate Bhaskar Shankar for petitioner; APP Uday Chand Prasad for State.

What did the court decide?

Petitioner enlarged on regular bail in connection with Cyber P.S. Case no. 65 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada.

Why is it important?

Taking into consideration the allegations against the petitioner in the F.I.R, the petitioner having no criminal antecedent, his being in custody since 18.12.2023, and the charge-sheet having been submitted in the case, the petitioner was directed to be enlarged on bail in connection with Cyber P.S. Case no. 65 of 2023. ¶¶22

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in connection with Cyber P.S. Case no. 65 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Cyber P.S. Case no. 65 of 2023, District Nawada.

Court's answer

Taking into consideration the allegations against the petitioner in the F.I.R, the petitioner having no criminal antecedent, his being in custody since 18.12.2023, and the charge-sheet having been submitted in the case, the petitioner was directed to be enlarged on bail in connection with Cyber P.S. Case no. 65 of 2023.

Ratio / Principle

Bail was granted on condition of furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada.

Detailed headnote1 paragraphs

Criminal Miscellaneous — Regular bail — Cyber P.S. Case No. 65 of 2023, District Nawada, registered under Sections 419, 420, 379, 467, 468, 471 and 120B IPC and Sections 66, 66B, 66C, 66D I.T Act — Petitioner caught in raid along with six others; one mobile phone allegedly belonging to himself recovered from him — In custody since 18.12.2023; no criminal antecedent; charge-sheet submitted; F.I.R-named co-accused Mohit Kumar, Prince Kumar and Rakesh Kumar already enlarged on bail by common order dated 12.3.2024 — Bail granted on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16206 of 2024

Arising Out of PS. Case No.-65 Year-2023 Thana- Cyber P.S. District- Nawada

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

Rajnish Kumar S/o- Pankaj Singh @ Pankaj Kumar Village- Punaul psTankuppa Dist- Gaya, P/A- Vill- Makanpur Ps- Warsaliganj Dist- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP

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

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 03-04-2024

Heard learned counsel for the parties.

The petitioner has preferred this application for

grant of regular bail in connection with Cyber P.S. Case no. 65 of 2023 registered under sections 419, 420, 379, 467, 468, 471 and 120B of the Indian Penal Code and sections 66, 66B, 66C, 66D of the I.T Act.

As per the prosecution case, the informant states that having received information about the accused persons having gathered in an orchard, it is stated that a raid was conducted. Seeing the police personnel, the accused persons made an attempt to escape but seven of them including the petitioner was caught while 25-30 persons managed to escape.

Learned counsel for the petitioner submits that even as per the F.I.R only one mobile phone was recovered from the

Patna High Court CR. MISC. No.16206 of 2024(3) dt.03-04-2024 2/2

possession of the petitioner and that also belongs to the petitioner himself. No other incriminating article has been recovered from possession of the petitioner. The petitioner is in custody since 18.12.2023 and has no criminal antecedent. F.I.R named co-accused Mohit Kumar, Prince Kumar and Rakesh Kumar have all been enlarged on bail vide common order dated 12.3.2024 passed in Cr. Misc. No. 13511 of 2024, Cr. Misc. No. 14052 of 2024 and Cr. Misc. No. 14810 of 2024.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the petitioner not having any criminal antecedent, his being in custody since 18.12.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Cyber P.S. Case no. 65 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1^st Class, Nawada.

(Partha Sarthy, J)

Harsh/- U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner should be enlarged on regular bail in connection with Cyber P.S. Case no. 65 of 2023, District Nawada.¶¶16
The court held
Taking into consideration the allegations against the petitioner in the F.I.R, the petitioner having no criminal antecedent, his being in custody since 18.12.2023, and the charge-sheet having been submitted in the case, the petitioner was directed to be enlarged on bail in connection with Cyber P.S. Case no. 65 of 2023.ratio¶¶22

Statutes considered

11 provisions across 2 enactments

AI extract

Indian Penal Code419¶¶16 420¶¶16 379¶¶16 467¶¶16 468¶¶16 471¶¶16 120B¶¶16
I.T Act66¶¶16 66B¶¶16 66C¶¶16 66D¶¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
Cyber P.S. Case no. 65 of 2023, District Nawada, registered under sections 419, 420, 379, 467, 468, 471 and 120B of the Indian Penal Code and sections 66, 66B, 66C, 66D of the I.T Act.¶¶16
Prior proceeding
Prosecution case: on information that accused persons had gathered in an orchard, a raid was conducted; the accused attempted to escape; seven including the petitioner were caught while 25-30 persons escaped.¶¶17
Prior proceeding
F.I.R-named co-accused Mohit Kumar, Prince Kumar and Rakesh Kumar were enlarged on bail by a common order dated 12.3.2024 in Cr. Misc. Nos. 13511, 14052 and 14810 of 2024.¶¶20
Prior proceeding
Charge-sheet submitted in the case; petitioner in custody since 18.12.2023.¶¶22

Parties & counsel

AI extract

petitioner
Rajnish Kumar S/o- Pankaj Singh @ Pankaj Kumar¶¶4
Mr. Bhaskar Shankar
respondent
The State of Bihar¶¶7
Mr. Uday Chand Prasad

Coram

AI extract

Justice Partha Sarthyauthor¶¶12

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 3 Apr 2024 · April
Registered: 26 Feb 2024
Case no.: CR. MISC./16206/2024
CNR: BRHC010148472024
Topic: Cheating and Forgery
Bench: Partha Sarthy
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Rajnish Kumar v. The State of Bihar, CR. MISC./16206/2024 (PAT), decided on 3 April 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes11

Indian Penal Code419 · 420 · 379 · 467 · 468 · 471 · 120B
I.T Act66 · 66B · 66C · 66D

View all statutes

Procedural history4

Cyber P.S. Case no. 65 of 2023, District Nawada, registered under sections 419, 420, 379, 467, 468, 471 and 120B of the Indian Penal Code and sections 66, 66B, 66C, 66D of the I.T Act.
Prosecution case: on information that accused persons had gathered in an orchard, a raid was conducted; the accused attempted to escape; seven including the petitioner were caught while 25-30 persons escaped.

View full history

Bench / Coram

Justice Partha Sarthy

Parties & counsel