Premchand Yadav @ Premchand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12080 of 2023 Arising Out of PS. Case No.-387 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== PREMCHAND YADAV @ PREMCHAND KUMAR Son of Janak Yadav R/V- Jaukatiya Ahir Toli, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, :
Mr. Bashistha Narayan Mishra For the Opposite Party/s :
Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 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 399, 400, 401, 402, 403, 411, 413, 414, 419, 420, 467, 468, 471, 472, 379, 120(B) of the Indian Penal Code and Section 66, 66(C) of the I.T. Act.
As per prosecution case, on the basis of secret information about the accused persons who were indulged in Cyber crime, the police party reached at place of occurrence and apprehended two accused persons who disclosed the petitioner as their associates.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.12080 of 2023(2) dt.24-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name has been transpired in this case on the basis of disclosure made by co-accused namely, Prakash Kumar who is already granted bail by this court vide order dated 17.2.2023 passed in Cr. Misc. No. 63574 of 2022 hence, the case of this petitioner stands of similar footing of that of the co-accused. It is further submitted that the petitioner is languishing in judicial custody since 17.10.2022. 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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manjhaulia P.S. Case No. 387 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 Chief Judicial Magistrate, Bettiah at
Patna High Court CR. MISC. No.12080 of 2023(2) dt.24-04-2023 3/3 Dist- West Champaran.
(Sunil Kumar Panwar, J) Amandeep/- U T