Kaliya Mahto @ Raju Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9909 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== KALIYA MAHTO @ RAJU PRASAD S/o Sri Binod Mahto R/o VillagePanchi, P.S.- Shekhopur Sarai, Distt- Shekhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Sheikhopur Sarai P.S. Case No.136 of 2022 dated 17.08.2022 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 406, 120(B) and 34 of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that in the present matter altogether 37 persons including the petitioner have been named in the FIR, though there is an allegation of cheating the innocent persons by using electronic devices but the said allegation is against several persons including the petitioner and petitioner's any specific role has not been revealed in the FIR, though he is

Patna High Court CR. MISC. No.9909 of 2023(2) dt.04-05-2023 2/2 stated to have been arrested with two co-accused persons but from his possession only one mobile phone was allegedly recovered, in fact at the time of his arrest the petitioner was sleeping in his house and he was called by his co-villager and when he came out of his house he was arrested by the police, the petitioner has been languishing in jail since 18.08.2022 and against him there is criminal antecedent of one case. 4.

Learned APP appearing for the State has opposed the bail prayer.

5.

Considering the above submissions and mainly the facts that several persons have been named in the FIR and from the possession of the petitioner only one mobile phone is stated to have been recovered, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released 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 concerned Court in connection with Sheikhopur Sarai P.S. Case No.136 of 2022.

(Shailendra Singh, J) sangam/- U T