Kaliya Mahto @ Raju Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8891 of 2023 Arising Out of PS. Case No.-4 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Kaliya Mahto @ Raju Prasad Son Of Sri Binod Mahto @ Binod Prasad R/VPanchi, P.S.- Shekhopur Sarai, District- Shekhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.

Prosecution case in short is that the police received an information that some persons were cheating money from the people to become the agents of shopping company in lucky draw and were collecting the money, on that, police raided the place and apprehended three coaccused persons and this petitioner along with several other

Patna High Court CR. MISC. No.8891 of 2023(3) dt.23-06-2023 2/3 co-accused persons managed to flee away from the place of occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of disclosure made by the apprehended coaccused persons before the police. It is also submitted that neither the petitioner was arrested on spot nor he has any concern either with the other co-accused persons or with this alleged offence. Nothing incriminating article has been recovered from his possession. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by the different coordinate Bench of this Court vide order dated 18.11.2019 in Cr. Misc. No. 70231 of 2019. Moreover, the petitioner is languishing in judicial custody since 16.09.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.8891 of 2023(3) dt.23-06-2023 3/3 taking into consideration the facts and circumstances of the case as well as period of custody of the petitioner, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Shekhopur Sarai P.S. Case No. 04 of 2018 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 Chief Judicial Magistrate, Sheikhpura.

(Sunil Kumar Panwar, J) shubham/- U T