Manoj Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44732 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Manoj Chaudhari Son Of Bhaju Chaudhari Village- Sahabad Ps- Katarisarai Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 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 419, 420, 467, 471, 468 and 34 of the Indian Penal Code and Section 66(C) and 66(D) of I.T. Act.

Allegation against the petitioner along with other coaccused person is that they committed fraud and cheating with people through mobile phone and internet. It is further alleged that from their possession, some mobile phones, some Aadhaar card and some other documents were 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 suspicion. It is

Patna High Court CR. MISC. No.44732 of 2023(2) dt.28-07-2023 2/2 further submitted that the recovered mobile phones which were recovered from his possession, belong to the petitioner himself. It is also submitted that not a single person/customer made any complaint against the petitioner who said that the petitioner cheated them. There is no cogent material came against the petitioner to show that he is involved in cheating. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.05.2023.

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. The above named petitioner is directed to be released on bail in connection with Giriyak (Katarisarai) P.S. Case No. 229 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 C.J.M. Biharsharif at Nalanda. (Sunil Kumar Panwar, J) Shubham/- U T