Devendra Kumar @ Devendra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49160 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- BIRPUR District- Supaul ====================================================== DEVENDRA KUMAR @ DEVENDRA MEHTA SON OF LAXMI MEHTA RESIDENT OF VILLAGE - MANSAPUR, P.S. - KARJAIN, DISTRICT - SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 365, 370, 370(A), 120(B) of the Indian Penal Code read with Sections 14(A), 14(B), 14(C) of the Foreigners Act.

3. Allegedly, petitioner is said to have given Rs. 20,000/- to co-accused Umesh Mehta for getting entry of the two female foreigners into the Indian Territory from Nepal.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.49160 of 2023(3) dt.28-08-2023 2/2 allegation levelled against the petitioner is false and based on concocted facts. Petitioner is not named in the FIR. His name has been transpired in the present case merely on the basis of the confessional statement of co-accused Umesh Mehta. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that petitioner is habitual offender of human trafficking, hence he does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T