Shiv Shankar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14121 of 2023 Arising Out of PS. Case No.-704 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== SHIV SHANKAR SAW SON OF SIYA RAM SAW @ SIYA SHARAN SAHU R/O VILLAGE- MASUDA, P.S.- WARISALIGANJ, DISTRICTNAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 419/420 of the IPC read with Sections 66(b)/66(d) of the I.T. Act.

As per prosecution case, the I.O of Bhabru (Rajasthan) P.S. Case No. 314 of 2022 namely, Kashmir Singh along with constables reached police station, during investigation of aforesaid case and gave application for verification of name and address of Saurav Kumar and Pankaj Kumar as well as for their arrest. A raid was conducted to their respective houses and from possession of Saurav Kumar two mobile phone as well as Rs. 30,000/- and from possession of

Patna High Court CR. MISC. No.14121 of 2023(2) dt.05-05-2023 2/3 Pankaj Kumar, one mobile phone and Rs. 20,000/- was recovered and both were brought to the police station. It is further stated that apart from them petitioner and others coaccused are also involved in the similar work. Thereafter, prosecution case is that a raid was conducted in the petitioner's house and Rs. 50,000/-, two pages of customer data, one mobile phone have been recovered.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that, on raid from the house of the petitioner only one mobile and two pages of customer data have been recovered. He further submitted that the cash amount of Rs. 50,000/-, which is said to have recovered by the police, belongs to the petitioner and the petitioner claims of that amount. No incriminating article has recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 01.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is

Patna High Court CR. MISC. No.14121 of 2023(2) dt.05-05-2023 3/3 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Nawada in connection with Warisaliganj P.S. Case No. 704 of 2022.

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