Murari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18812 of 2022 Arising Out of PS. Case No.-111 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Murari Kumar Son of Nawal Singh @ Nawal Kishor Singh R/O VillageMohabbatpur, P.S.- Shekhopur Sarai, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar For the Opposite Party/s :
Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sheikhopur Sarai P.S. Case No. 111 of 2021 registered for the offence under Sections 419, 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 22.09.2021.
The allegation against the petitioner is to cheat people, alongwith other co-accused persons by using mobile phones and, while raid was conducted in this connection,
Patna High Court CR. MISC. No.18812 of 2022(2) dt.10-08-2022 2/3 numbers of ATM cards, pan cards etc., alongwith cash of Rs.60,000/- (Rupees Sixty Thousand) were recovered. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of disclosure made by co-accused, namely, Bittu Kumar, who has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 58687 of 2021 dated 25.03.2022. It is submitted that nothing surfaced/recovered during the course of investigation, in furtherance of said disclosure, which may connect the petitioner, prima facie, with the present allegation/occurrence. It is pointed out that petitioner is involved in two more criminal cases, where he is on bail. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that petitioner was not apprehended at the spot and his name was disclosed by coaccused, namely, Bittu Kumar. Considering the facts and circumstances as mentioned above, as nothing incriminating surfaced/recovered from the
Patna High Court CR. MISC. No.18812 of 2022(2) dt.10-08-2022 3/3 conscious physical possession of the petitioner, which may connect him, prima facie, with the present allegation/occurrence coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sheikhopur Sarai P.S. Case No. 111 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Ankit/- U T