Allowed¶20

Rakesh Kumar v. the State of Bihar

Patna HC14 Aug 2024CR. MISC./52605/2024

Case brief

AI extract

What is this about?

Regular bail granted; ATM fraud; 88 ATM cards recovered; Hathua P.S. Case No. 76/2024 dated 05.04.2024; Gopalganj; ss 420, 467, 468, 471 read with 34 IPC; custody since 06.04.2024; one criminal antecedent; co-accused bail order dated 05.08.2024 in Cr. Misc. No. 50480 of 2024; bail-bond Rs. 20,000/- with two sureties of like amount; Patna High Court CR. MISC. No.52605 of 2024; Chandra Prakash Singh, J; decision date 14-08-2024; application stands allowed.

What did the court decide?

Enlarged on regular bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the court concerned, Gopalganj, in connection with Hathua P.S. Case No. 76/2024. ¶20

Rakesh Kumar Vs the State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether petitioner Rakesh Kumar, in custody since 06.04.2024 in connection with Hathua P.S. Case No. 76/2024 (offence punishable under ss 420, 467, 468, 471 read with 34 IPC; alleged ATM fraud with recovery of 88 ATM cards), should be granted regular bail.

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Court's answer

Considering the facts and circumstances of the case as well as the period of custody, the Court directed that petitioner Rakesh Kumar be enlarged on regular bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the court concerned at Gopalganj, in connection with Hathua P.S. Case No. 76/2024.

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Ratio / Principle

The bail application stands allowed.

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Detailed headnote1 paragraphs

Patna High Court — Criminal Miscellaneous No.52605 of 2024, arising out of PS Case No.-76 of Year 2024, Thana Hathua, District Gopalganj; oral order by Honourable Mr. Justice Chandra Prakash Singh, decision date 14-08-2024. Regular bail sought by petitioner Rakesh Kumar s/o Ramlochan Das (Dumariya, P.S. Mohammadpur, Gopalganj) in Hathua P.S. Case No. 76/2024 dated 05.04.2024, offence punishable u/ss 420, 467, 468, 471 read with 34 of the Indian Penal Code. Prosecution case: police apprehended three miscreants giving names as Deepak Kumar, petitioner Rakesh Kumar and Sunil Sahni; on search, 88 ATM cards of different banks were recovered from possession of co-accused Deepak Kumar and the petitioner, involved in ATM fraud. Counsel reported petitioner in custody since 06.04.2024 with one criminal antecedent (para 3 of bail petition), and that the co-accused had already been granted regular bail vide order dated 05.08.2024 in Cr. Misc. No. 50480 of 2024. Considering the facts, circumstances and period of custody, the petitioner was directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned, Gopalganj; the application stands allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52605 of 2024

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Arising Out of PS. Case No.-76 Year-2024 Thana- HATHUA District- Gopalganj

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

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RAKESH KUMAR S/O RAMLOCHAN DAS R/O Dumariya, P.SMohammadpur, Dist- Gopalganj, Bihar.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sumit Shekhar Pandey, Adv. For the Opposite Party/s : Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 14-08-2024

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Hathua P.S Case No. 76/2024 dated 05.04.2024 registered for the offence punishable u/ss 420, 467, 468, 471 read with 34 of the Indian Penal Code.

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3. As per the prosecution case, the police apprehend three miscreants who disclosed their names as Deepak Kumar, Rakesh Kumar (petitioner) and Sunil Sahni. On search, 88 ATM cards of different banks were recovered from the possession of the co-accused, Deepak Kumar and the petitioner Rakesh Kumar who were involved in committing ATM fraud.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

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Patna High Court CR. MISC. No.52605 of 2024(2) dt.14-08-2024 2/2

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case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the said car. Learned counsel has further submitted that neither the petitioner has concern with the business of ATM fraud nor he is the members of any syndicate. The co-accused person has already been granted regular bail by this court vide order dated 05.08.2024 passed in Cr. Misc. No. 50480 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.04.2024.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Hathua P.S Case No. 76/2024.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Rakesh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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