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Patna High CourtCR. MISC./48010/2023allowed

Amarjeet Kumar v. The State Of Bihar

2023-07-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48010 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Amarjeet Kumar Son Of Mahesh Chaudhary R/O-Jawahar Chauk, P.S.- Giriyak, Distt.-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 At the outset, learned counsel for the petitioner is permitted to make necessary correction in the array portion of the petitioner.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 66(C), 66(D) of the I.T. Act.

4. The allegation against the petitioner along with others is of cheating on the pretext of getting a loan.

5. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to inimical relation between the petitioner and co-accused. He has

Patna High Court CR. MISC. No.48010 of 2023(2) dt.31-07-2023 2/2 committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Satyendra Kumar and Manoj Chaudhary, which have got no evidentiary value in the eyes of law. During investigation, no cogent material came against the petitioner to connect him to this occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 03.05.2023.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Griyak P.S. Case No. 229 of 2023.

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