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Patna High CourtCR. MISC./44008/2023allowed

Sintu Kumar Mehta @ Sintu Kumar Bharti v. The State Of Bihar

2023-09-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44008 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== SINTU KUMAR MEHTA @ SINTU KUMAR BHARTI Son of Late Fuleshwar Mehta Resident of Village - Nehru Chowk, Koryani Tola, P.S.- Dhamdaha, Dist.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 419, 420, 467, 468, 471 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with co-accused Aryan Kumar Jha are alleged to have opened an account in Canara Bank, Dhamdaha in the name of the informant for getting money on loan and with intention of dishonesty, both of them took away informant's passbook and ATM card. When the informant came to know about transactions which were made in his account, accordingly, he lodged the case.

Patna High Court CR. MISC. No.44008 of 2023(4) dt.21-09-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ill motive. From perusal of FIR as well as case diary, it appears the informant has made specific allegation against Aryan Kumar Jha who had kept his ATM card for doing fraudulent work. Only connivance and conspiracy of the petitioner has been shown in the present case. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 15.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhamdaha P.S. Case No. 76 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Purnea or concerned court.

(Sunil Kumar Panwar, J) Amandeep/- U T