Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48991 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== BHARAT KUMAR S/O SRI JANARDHAN RAM @ JANARDAN PRASAD RAM Resident of Village- Mohabbatpur, P.S.- Shekhopur Sarai, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sekhopur Sarai P.S. Case No. 98 of 2022, registered for the offence punishable under Sections 406, 419, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.

The informant, who is an ASI, along with his police force had proceeded to conduct a raid at the house of the petitioner, after getting information that he was cheating people by organizing illegal lucky draw. It is also alleged that after the raid was conducted at the house of the

Patna High Court CR. MISC. No.48991 of 2022(2) dt.20-01-2023 2/3 petitioner, he was arrested and one mobile phone as also one note book containing mobile numbers of several persons was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 26.6.2022. The learned counsel for the petitioner has further submitted that no person has come forward to allege that the petitioner had cheated them, hence, he is not having complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that there is no evidence with regard to the petitioner having cheated any individual person, I deem it fit and proper to direct for release of

Patna High Court CR. MISC. No.48991 of 2022(2) dt.20-01-2023 3/3 the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sekhopur Sarai P.S. Case No. 98 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T