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Patna High CourtCR. MISC./17112/2023allowed

Ajit Kumar v. The State Of Bihar

2023-04-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17112 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== AJIT KUMAR S/O ANIL RAM R/O VILLAGE- BAZIDPUR, P.SKASHICHAK, DISTT.- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 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, 467, 468, 471, 120B and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of involving in alluring persons in the name of allotment of dealership being a member of Cyber crime gang. 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 the petitioner is not involved in the alleged crime and nothing has been recovered

Patna High Court CR. MISC. No.17112 of 2023(2) dt.17-04-2023 2/3 from the possession of the petitioner. The name of the petitioner has come into light on the basis of confessional statement of coaccused Sudhanshu Kumar @ Sittu Kumar, which has got no evidentiary value in the eyes of law. He submitted that when the petitioner went hospital for treatment of his son and knew about this case, he voluntarily surrendered before the Court concerned. He submitted that no amount has been transferred by anyone from the account of others to the account of this petitioner. He submitted that without any cogent material, except confessional statement petitioner has been implicated in the present case. He further submitted that the other co-accused has already been granted bail vide order dated 12.12.2022 by a Co-ordinate Bench passed in Cr. Misc. No. 45937 of 2022. He is languishing in judicial custody since 28.11.2022.

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 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 Court

Patna High Court CR. MISC. No.17112 of 2023(2) dt.17-04-2023 3/3 of District and Sessions Judge, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 49 of 2022.

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