Santosh Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19662 of 2023 Arising Out of PS. Case No.-29 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== DHARMENDRA KUMAR @ PATEL @ DHARMENDRA PATEL S/o Kedar Mahto @ Patel Resident of Panchi, P.S.-Sheikhopur Sarai District Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Anuj For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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 406, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code. As per prosecution case, the police party has proceeded to verify information received regarding some young persons including in cheating and fraud by using mobile phones. One co-accused Swapnil Santosh Prasad has been arrested who has allegedly stated the name of 26 persons including the petitioner who are also indulging in this act of fraud and cheating.

Patna High Court CR. MISC. No.19662 of 2023(2) dt.19-05-2023 2/3 Learned counsel for the petitioner submits that the 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 which shows his complicity in the said offence. The name of the petitioner came into light on the basis of confession made by co-accused namely, Swapnil Kumar who was arrested on spot. Moreover, Similarly situated co-accused namely, Bablu Mahto has already been granted bail by this Court vide order 25.2.2023 passed in Cr. Misc. No. 65870 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 27.1.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhopur Sarai P.S. Case No. 29 of 2021 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

Patna High Court CR. MISC. No.19662 of 2023(2) dt.19-05-2023 3/3 Magistrate, Sheikhhpura.

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