Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41298 of 2023 Arising Out of PS. Case No.-212 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== JITENDRA SAH, Son of Ramchandra Sah Resident of village - Surmaha Kishanpur, P.s. - Saur Bazar, Distt. - Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

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

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur P.S. Case No. 212 of 2022 dated 02.05.2022 registered for the offences punishable u/ss 379, 420 of the Indian Penal Code and u/s 66(D) of the Information Technology Act.

4. As per the prosecution case, the informant had withdrawn Rs. 10,000/- through the Operator of Customer Service Centre from her account in UCO Bank but when the informant updated her passbook then she came to know that from her account Rs. 20,000/- was withdrawn.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.41298 of 2023(2) dt.24-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused Kripal Mandal who has already been granted bail by the Coordinate Bench of this court vide order dated 07.07.2023 passed in Cr. Misc. No. 34791 of 2023. Nothing has been recovered from the possession of the petitioner. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 15.09.2022.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Naugachhia, Bhagalpur in connection with Gopalpur P.S. Case No. 212 of 2022.

8. The application stands allowed.

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