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Patna High CourtCR. MISC./34616/2021bail granted

Dayanand Kumar @ Dayanand Kumar Rai v. The State Of Bihar

2021-12-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34616 of 2021 Arising Out of PS. Case No.-815 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== DAYANAND KUMAR @ DAYANAND KUMAR RAI S/O JAI KISHORE ROY R/o village- Badulia, P.S.- Jai Nagar, District- Kodarma (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Adv.

Mr. Pravin Kumar Sinha, Adv.

Ms. Preety Kunwar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 406, 467, 468, 471 and 34 of the Indian Penal Code and sections 66(b) and 55(c) of the I.T. Act.

As per the prosecution case, on a raid being conducted, it is stated that the three accused persons including Nilesh Kumar and the petitioner herein were arrested and 14 ATM cards as also other articles were recovered from their possession.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No

Patna High Court CR. MISC. No.34616 of 2021(2) dt.17-12-2021 2/2 incriminating article has been recovered from his possession. The case of the petitioner stands on a similar footing to that of co-accused Nilesh Kumar who has been enlarged on bail vide order dated 9.12.2021 passed in Cr. Misc. no.25000 of 2021. The petitioner is in custody since 28.12.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to the similarly situated co-accused Nilesh Kumar and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Kotwali (Jogsar) P.S. Case no.815 of 2020 (G.R. no.5020 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur. (Partha Sarthy, J) Saurabh/- U T