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Patna High CourtCR. MISC./45082/2022allowed

Saral Suman Shekhar @ Kunal Kumar v. The State Of Bihar

2023-04-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45082 of 2022 Arising Out of PS. Case No.-105 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== Saral Suman Shekhar @ Kunal Kumar Son Of Abhay Singh Resident Of Katardih, P.S- Katrisarai, Dist- Nalanda, Present Residing At Malahi Pakari, Near Dr. Asha Rai Bridhavan Netralay, South Side, House No. 31, Third Floor, Situated North Side 2 Bhk Flat, P.S- Kankarbagh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 420, 467, 468, 471, 474, 120(B) of the Indian Penal Code and Section 66(c) of the I.T. Act. The petitioner along with other accused were apprehended by the police having unlawful possession of several mobile phones and details of many people from different parts of the country including cash of Rs. 1,00,000/-.

Patna High Court CR. MISC. No.45082 of 2022(5) dt.07-04-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that petitioner is alleged to have been in possession of several debit and credit cards along with other materials but no private individual has come forward to lodge any complaint against the petitioner. The petitioner is languishing in custody since 29.02.2022. Moreover, other similarly situated coaccused person has been granted bail by a coordinate Bench of this Court vide order dated 21.03.2023 passed in Cr. Misc. No. 53103 of 2022.

In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-R. The report of learned Sub-Judge-cum-A.C.J.M-VIII, Patna dated 23.02.2023 suggests that record is pending for appearance of one accused namely Sonu Kumar and

Patna High Court CR. MISC. No.45082 of 2022(5) dt.07-04-2023 3/3 summons have been issued for appearance of the accused.

Considering the facts aforesaid and the fact that trial is not likely to be concluded in future and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIII, Patna in connection with Patrakar Nagar P.S. Case No. 105 of 2022.

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