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Patna High CourtCR. MISC./11840/2023allowed

Pappu Kumar v. The State Of Bihar

2023-03-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11840 of 2023 Arising Out of PS. Case No.-589 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== PAPPU KUMAR S/O AKHILESH PRASAD @Akhilesh Vind R/v- Beldari, P.S.- Hilsa, District- Nalanda (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 The present petition has been taken up out of turn since the petitioner is to be appeared in the third year written examination of Nurses Registration Council for General Nursing Midwifery which is scheduled to be held on 20.3.2023. Date sheet of examination to that effect has been annexed. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 417, 418, 419, 420, 468, 471, 120(B) of the Indian Penal Code. Allegation against the petitioner is that he along with co-accused persons committed forgery by taking Rs. 7000/- from patient for MRI.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.11840 of 2023(2) dt.18-03-2023 2/2 falsely been implicated in this case. The allegation of taking money from a patient is false and fabricated because no specific patient has come forward to complain about alleged offence. As per seizure list, alleged money has not been recovered from the conscious possession of the petitioner rather his name has been sprang up in this case on the basis of CCTV footage. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 12.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shastri Nagar P.S. Case No. 589 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of ACJM-IX, Patna.

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