Petitioner sought bail in a case involving alleged ATM fraud and possession of suspicious items. The court, considering custody period and arguments, allowed bail with conditions for court appearance and verification of antecedents.
Bail granted on furnishing bail bond of Rs. 20,000/- with two sureties of like amount, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38751 of 2024
Arising Out of PS. Case No.-106 Year-2024 Thana- BIHAR District- Nalanda
======================================================
Sudarshan Kumar (Male), aged about 18 years, S/O Sunil Kumar, Resident of Village-Bajitpur, Police Station-Shahpur, District Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party : Mr. Raj Kishor Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 01-07-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No.38751 of 2024(3) dt.01-07-2024 2/4
with JIO and Airtel SIM, Rs. 10,000/- in cash were recovered. No explanation has been given by the petitioner in this regard. It is further alleged that one laptop of H.P. Company, six bottles of Imperial blue foreign wine, two keypad mobiles, one router, one wireless mouse and a packet of condom of Modem Company were also recovered from the rented room of the petitioner.
Patna High Court CR. MISC. No.38751 of 2024(3) dt.01-07-2024 3/4
recovered from possession of the petitioner and if it is taken that the recovery has been made from his possession, his statement is there in which he said that the ATM Card has been given to him by his uncle Niraj Kumar for withdrawing the money. It is further submitted that Sohsarai P.S. Case No. 33 of 2024 under Section 30(a) of the Bihar Prohibition and Excise Act has been registered against the petitioner and in which the allegation has been levelled against him is exactly identical word to word to the allegation made in the present case. It is further submitted that two cases have been lodged for the same offence only to ruin the bright future of the petitioner as he is a student of K.K. University pursing his Diploma Course in Electrical Stream from School of Engineering and Technology. There is no compliance of Section 100 of the Cr.P.C. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 09.02.2024.
Patna High Court CR. MISC. No.38751 of 2024(3) dt.01-07-2024 4/4
the like amount each to the satisfaction of learned C.J.M., Nalanda in connection with Biharsharif (Bihar) P.S. Case No. 106 of 2024 with further conditions:-
(I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
(Chandra Prakash Singh, J)
U.K./- U T
1 issue framed by the court
Whether the petitioner is entitled to bail in connection with FIR No. 106 of 2024 for offences under Sections 417, 418, 419, 420, 120B and 34 IPC?
2 provisions across 2 enactments
Sudarshan Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
