Pinku Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate, Mr. Arvind Kumar, Advocate and Mr. Kumar Rajdeep, Advocate For the Opposite Party : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 20-02-2025

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Heard learned senior counsel for the petitioner and learned A.P.P for the State.

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The petitioner has preferred this application for grant

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of regular bail in connection with Beur P.S. Case No. 596 of 2024 dated 02.10.2024 registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 317(4), 317(5), 338, 336(3), 340(2), 132 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023.

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As per the prosecution case, the informant along with his associates were on patrolling duty, they received an information from a constable Deepak Kumar that at Sipara More SBI ATM, two boys were trying to mishandle the ATM.

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Patna High Court CR. MISC. No.7248 of 2025(2) dt.20-02-2025 2/4

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Accordingly, they proceeded there then the accused persons protested and assaulted police but they were apprehended and disclosed their names as Pinku Kumar (petitioner) and the coaccused Piyush Kumar @ Raja Kumar and on search, SBI ATM Card 5446700129718108 in the name of Mahendra Pandey, ATM Card of Bank of India 5264951726290954 in the name of Pushpa Kumari, one Marker, one Fevi Gum and red colour double sided Tape were recovered from Pinku Kumar (petitioner) and one ATM Card 6523390101506590, one Iron Pilas of red colour one Pad Mobile of Gray Colour, hand written Help Line No. 8981737496 on a plain paper which was pasted in the ATM, one TVS Motorcycle from the possession of the coaccused Piyush Kumar & Raja.

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Learned senior counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The entire case is based on suspicion and unfounded facts as alleged in the F.I.R. The allegation of inducement of cheating against the petitioner is baseless and incorrect. He was not arrested on the spot. There was no mishandling found in the ATM machine. It is further submitted that the petitioner was a passerby and was arrested unfortunately while he was passing through and though alleged items were not

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Patna High Court CR. MISC. No.7248 of 2025(2) dt.20-02-2025 3/4

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recovered from his possession and it has wrongly been alleged that 2 ATM cards and other articles were recovered from his possession. It is further submitted that none of the ATM card holder has made any grievance about misuse/withdrawal of money and mishandling of ATM Cards. No incriminating article has been recovered from his possession. It is further submitted that the petitioner has no concern with the alleged offence. As per the injury report of the injured, the injury is simple in nature. The other co-accused person Piyush Kumar @ Raja Kumar has already been granted bail by a Bench of this Court vide Cr. Misc. No. 4644 of 2025 under order dated 06.02.2025. The petitioner has five criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 02.10.2024.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that SBI ATM Card 5446700129718108 in the name of Mahendra Pandey, ATM Card of Bank of India 5264951726290954 in the name of Pushpa Kumari, one Marker, one Fevi Gum and red colour double side Tape were recovered from the possession of the petitioner.

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Considering the aforesaid facts and circumstances of

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Patna High Court CR. MISC. No.7248 of 2025(2) dt.20-02-2025 4/4

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the case as well as the period of custody, the petitioner above named, 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 J.M.F.C., Patna in connection with Beur P.S. Case No. 596 of 2024 with the condition :-

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(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 bond of the petitioner is liable to be cancelled.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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U.K./- U T

Pinku Kumar v. The State of Bihar

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Pinku Kumar v. The State of Bihar

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