Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43072 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- PATRAKARNAGAR District- Patna ====================================================== AJAY KUMAR son of Sanjay Prasad @ Sanjay Kumar Nirala VillageMaghra Ps- Deep Nagar Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-12-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Patrakarnagar P.S. Case no.100 of 2023 registered under sections 420, 419, 467, 468, 471 and 120B of the Indian Penal Code and section 66C of the Information Technology Act, 2000.

3. As per the prosecution case, on seeing the two accused persons on a motorcycle in a suspicious condition, search was conducted. It is stated that various incriminating articles including large number of ATM/Debit cards were recovered from the possession of the petitioner who on enquiry confessed to committing theft using debit cards etc.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.43072 of 2023(5) dt.13-12-2023 2/2 case. Neither any incriminating article has been recovered from his possession nor are the allegations levelled in the FIR true. He is in custody since 2.2.2023 and has no criminal antecedent. Chargesheet has been submitted in the case.

6. The application for bail is opposed by learned A.P.P. for the State who submits that large number of witnesses examined in course of the investigation have supported the case against the petitioner that he is involved in cheating different persons.

7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the petitioner having remained in custody for more than 10 months since 2.2.2023 chargesheet having been submitted in the case and the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Patrakar Nagar P.S. Case no. 100 of 2023 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 Judicial Magistrate 1st Class, Patna.

(Partha Sarthy, J) Bibhash U T