Ashok Mahto @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11943 of 2023 Arising Out of PS. Case No.-4 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Ashok Mahto @ Ashok Kumar Son of Sidheshwar Mahto R/V- Panchi P.SShekhopur Sarai, Dist- Sheikhpura ... ... Petitioner/s

Versus

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

or the Petitioner/s :

Mr. N.K. Agrawal Mr. Raju Kumar Goswami Ms. Diksha Kumari Mr. Kumar Rajeep For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 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, 120(B)/34 of the Indian Penal Code.

As per prosecution case, police received an information the 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 three miscreants were apprehended who disclosed the name of the petitioner. The petitioner and others succeeded in fleeing away from the spot. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.11943 of 2023(3) dt.11-07-2023 2/2 present case. His name has been transpired in this case on the basis of confessional statement of the co-accused. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated other co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 12.06.2019, 28.08.2019, 18.11.2019 and 27.04.2023 passed in Cr. Misc. No. 14985 of 2019, 53983 of 2019, 70231 of 2019 and 2546 of 2023 respectively. It is also submitted that petitioner is languishing in judicial custody since 13.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, 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 C.J.M, Sheikhpura.

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