Harishankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36756 of 2022 Arising Out of PS. Case No.-13 Year-2021 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Harishankar Son of Sita Ram R/O- Vill-C31/12 Old, Colony, Modipuram P.S.- Meerut (U.P.), Distt.- Meerut (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Economic Offence P.S. Case No. 13 of 2021 registered for the offence under Sections 419, 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code and Sections 66C and 66D of the IT Act, 2000. The accused/petitioner is not named in the F.I.R. and is in custody since 23.03.2022.

The allegation against the petitioner is to involve in the preparation of forged voter ID, alongwith other co-accused

Patna High Court CR. MISC. No.36756 of 2022(2) dt.16-09-2022 2/3 persons.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of named co-accused, Vikesh Kumar @ Anubhav, where nothing incriminating surfaced/recovered during the course of investigation, which may connect the petitioner with the present allegation. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, 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 the fact that petitioner is not named in the F.I.R. In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced/recovered during the course of investigation, which may connect the petitioner with the present allegation coupled with the fact that petitioner is a man of clean antecedent, where chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Economic Offence P.S. Case No. 13 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees

Patna High Court CR. MISC. No.36756 of 2022(2) dt.16-09-2022 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna/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