Bhola Sah @ Bhola Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39752 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- KASBA District- Purnia ====================================================== Bhola Sah @ Bhola Prasad Sah, Son Of Late Champa Lal Sah, Resident Of Village Chandani Chowk, Ps Kasba District Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the State Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Kasba P.S. Case No. 40 of 2023 dated 28.01.2023 registered for the offences punishable u/ss 417, 419, 420, 465, 467, 468, 471, 472, 473, 474 and 120B of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have assembled near old Kabir Ashram for making preparation to commit cyber crime. On search, 33 finger prints and Aadhar card number written on trace paper from the printing press of the petitioner were recovered. It is

Patna High Court CR. MISC. No.39752 of 2023(2) dt.12-07-2023 2/2 further alleged that Rs. 17,680/- and one mobile phone were also recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The co-accused person has already been granted bail by this court vide order dated 07.07.2023 passed in Cr. Misc. No. 37119 of 2023. The petitioner is also accused in one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.01.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Kasba P.S. Case No. 40 of 2023. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T