Ganesh Kumar @ Ganesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15871 of 2024 Arising Out of PS. Case No.-183 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.

Ganesh Kumar @ Ganesh Kumar Yadav S/o Ashok Yadav R/o vill - Mahanandpur, P.S. - Shekhopur Sarai, Distt.- Sheikhpura. 2.

Prashant Kumar S/o Late Vijay Malakar R/o vill - Mahanandpur, P.S. - Shekhopur Sarai, Distt.- Sheikhpura.

... ... petitioners/s

Versus

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

For the petitioners/s :

Mr. Nilendu Kumar Choudhary, Adv.

For the State :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 406, 419, 420, 467, 468, 471, 120B/34 of the Indian Penal Code.

3. As per prosecution case, the informant received secret information that 5-6 persons including the petitioners are assembled to cheat innocent people. It is further alleged that three persons were arrested and during search lots of

Patna High Court CR. MISC. No.15871 of 2024(2) dt.12-03-2024 2/3 incriminating articles have been recovered from them including bank passbooks, ATM Card etc.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were not apprehended on spot. The name of the petitioners has come into light on the basis of confessional statement of co-accused Bindu Kumar, which has got no evidentiary value in the eyes of law. The provision of Section 100 of the Cr.P.C. has not been followed in this case while preparing the seizure list. He further submitted that nothing has been stated in the entire F.I.R. and during investigation, the police have also not found any single material against these petitioners. They are languishing in judicial custody since 02.01.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount

Patna High Court CR. MISC. No.15871 of 2024(2) dt.12-03-2024 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Shekhopur Sarai P.S. Case No. 183 of 2022.

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