Dinesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44072 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- KOTWALI District- Munger ====================================================== Dinesh Kumar Sah Son Of Raj Kumar Sah Resident Of Village- Road No. 6,7, Shastri Nagar, Ps- Kasim Bazar, Distt- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shresth For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 406, 467, 468, 471, 34 of the Indian Penal Code.

As per prosecution case, the petitioner and co-accused persons were apprehended on the spot and from their possession 146 pieces of currency notes of Rs. 500/- denomination, 91 pieces of currency notes of 200/- denomination and 380 pieces of currency notes of Rs. 100/- were recovered. It is further alleged that one motorcycle bearing Reg. No. BR53D-7286 was also recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.44072 of 2023(2) dt.21-07-2023 2/2 suspicion. The petitioner has no concern with the alleged recovery and the seizure list has not been prepared as per provision of Section 100 of the Cr.P.C.. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 20.05.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge, if charge has not been framed as yet. The above named petitioner is directed to be released on bail in connection with Kotwali P.S. Case No. 209 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 Chief Judicial Magistrate, Munger.

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