Malhuji @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6146 of 2023 Arising Out of PS. Case No.-111 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Malhuji @ Manoj Kumar Son Of Late Jagdish Prasad R/O VillageBhagwanpur, P.S.- Katri Sarai, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudish Kumar, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-03-2023 Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

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

Petitioner seeks regular bail in connection with Sheikhopur Sarai P.S. Case No. 111 of 2021 registered for the offences punishable under Sections 419, 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code.

As per the prosecution, the police personnel acting upon secret information apprehended one person namely, Ashok Kumar @ Bittu Kumar, from whose possession some mobile

Patna High Court CR. MISC. No.6146 of 2023(2) dt.02-03-2023 2/3 phones, ATM cards of different banks were recovered, who disclosed the involvement of this petitioner and other accomplices in the alleged crime.

The main submissions advanced by petitioner's counsel are that though the petitioner is named in the FIR but his name surfaced in the statement of co-accused Ashok Kumar @ Bittu Kumar, from whose possession ATM cards and PAN cards etc. were recovered and the said co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 25.03.2022 passed in Cr. Misc. No. 58687/2021 and during investigation, no material against the petitioner was found to support the petitioner's involvement in the alleged crime as stated by co-accused Ashok Kumar @ Bittu Kumar and the petitioner has been languishing in jail since 07.12.2022. Learned APP appearing for the State has opposed the bail prayer.

Considering the aforesaid facts and mainly the petitioner's custody period and also the fact that the co-accused Ashok Kumar @ Bittu Kumar, who revealed the role of the petitioner in the alleged crime, has been granted bail by a coordinate Bench of this Court, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-

Patna High Court CR. MISC. No.6146 of 2023(2) dt.02-03-2023 3/3 above be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Sheikhopur Sarai P.S. Case No. 111 of 2021.

(Shailendra Singh, J) annu/- U T