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Patna High CourtCR. MISC./11116/2023bail granted

Dilip Ram @ Deelip Ram v. The State Of Bihar

2023-04-29Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9866 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== VIKKI KUMAR @ VIKKI RAM @ BIKKI KUMAR S/O SANJAY RAM @ SAKHO RAM Resident of village- Mohabbatpur, Shekhopur Sarai, P.S.- Shekhopur Sarai, District- Shekhpura, Pin Code- 811103 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11116 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== DILIP RAM @ DEELIP RAM S/O BINESHWAR RAM Resident of VillageMohabbatpur P.S.- Sheikhopursarai, District- Sheikhpura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 9866 of 2023) For the Petitioner/s :

Mrs. Shilpi Keshri, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP (In CRIMINAL MISCELLANEOUS No. 11116 of 2023) For the Petitioner/s :

Mr. Pankaj Kumar, Advocate Mrs. Shilpi Keshri, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 1.

As both the criminal miscellaneous petitions have arisen out of same P.S. case, hence they are being taken up and decided together.

2.

Heard learned counsels for the petitioners and the learned APPs for the State.

3. Petitioners seek regular bail in connection with Sheikhopur Sarai P.S. Case No.158 of 2022 dated 24.09.2022 registered for the offences punishable under Sections 406, 419,

Patna High Court CR. MISC. No.9866 of 2023(3) dt.29-04-2023 2/3 420, 467, 468, 471, 120B and 34 of the Indian Penal Code. 4.

The main submissions advanced by the learned counsel for the petitioner Vikki Kumar @ Vikki Ram @ Bikki Kumar are that the petitioner is a very young person and he was not arrested at the spot and the co-accused persons who were arrested at the spot revealed the name of this petitioner and after his arrest the police did not recover any incriminating material from his possession and several co-accused persons including two co-accused persons, who were arrested at the spot, have been granted bail by co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos.529 of 2023, 4197 of 2023, 10512 of 2023, 70668 of 2022 and as per allegation several persons are stated to be involved in the alleged cheating but the prosecution has not produced the details of the persons who are stated to have been cheated by the accused persons and the petitioners have been languishing in jail since 19.12.2022 and against them the investigation has been completed. 5.

The main submissions advanced by the learned counsel for the petitioner Dilip Ram @ Deelip Ram are same as advanced by the learned counsel for the petitioner Vikki Kumar @ Vikki Ram @ Bikki Kumar.

4.

Learned APPs appearing for the State have

Patna High Court CR. MISC. No.9866 of 2023(3) dt.29-04-2023 3/3 opposed the bail prayer.

5.

Considering the above submissions and mainly the privilege of bail having been granted to several coaccused persons including two co-accused persons, who were apprehended at the spot, by co-ordinate Benches of this Court mentioned-above and as per allegation several persons are stated to be involved in the alleged occurrence of cheating but any specific role of the petitioners in the alleged crime has not been revealed and against the petitioners investigation has been completed and during investigation the investigating officer has not recorded the statements of any of the victims who are stated to have been cheated by the accused persons, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sheikhopur Sarai P.S. Case No.158 of 2022.

(Shailendra Singh, J) sangam/- U T