Umesh Mehta @ Umesh Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45837 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- BIRPUR District- Supaul ====================================================== Umesh Mehta @ Umesh Kumar Mehta S/O Musahru Mehta R/O VillageBelasingar, Tola-Dumuhan, PS. Nirmali, Dist. Supaul ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2.

This application for grant of regular bail arises out of Birpur (Bhimnagar O.P.) P.S. Case No.98 of 2022 (Sessions Trial No.187 of 2023) registered for the offence punishable under Sections 365, 370, 370-A & 120-B of the Indian Penal Code and under Section 14A-(ab)/14c of the Foreigners Act, 1946.

3.

As per the prosecution case, acting upon the secret information, the informant apprehended two Indian citizen along with two women (citizen of Uzbekistan), who were being brought to India illegally from Nepal. Upon making enquiry, one of the accused persons namely, Satish Kumar Azad disclosed that on the order of one Indal Mukhiya he was doing the alleged act and for doing the same he would get Rs.7000/-.

Patna High Court CR. MISC. No.45837 of 2023(2) dt.04-08-2023 2/2 4.

Learned counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of confessional statement of co-accused Indal Mukhiya. He further submits that the petitioner is in custody since 18.01.2023. He has drawn the attention of this Court to the orders dated 16.11.2022 and 22.03.2023 passed by co-ordinate Benches of this Court in Criminal Miscellaneous Nos.41839 of 2022 and 68324 of 2022 as well as order dated 04.03.2023 passed by this Court in Criminal Miscellaneous No.72506 of 2022, by which co-accused Sunil Kumar Mehta, Satish Kumar Azad and Indal Mukhiya have been granted bail. 5.

Considering the aforesaid facts and also considering the nature of allegation, this application is allowed. 6.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J, I, Supaul, in connection with Birpur (Bhimnagar O.P.) P.S. Case No.98 of 2022 (Sessions Trial No.187 of 2023).

(Sandeep Kumar, J) pawan/- U T