Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5396 of 2021 Arising Out of PS. Case No.-543 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== Mukesh Kumar Son Of Naresh Nut Resident Of Village - Barabigha, Police Station - Pawapuri, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Sasaram (Town) P.S. Case no. 543 of 2020 registered under sections 420, 379, 511 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the informant who had withdrawn a sum of Rs.59,100/ from his account in the bank, was cheated by two accused persons including the petitioner herein, however, the accused persons were caught. It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioner was falsely implicated in the case as a result of some misunderstanding. Co-accused Janu Pandey who

Patna High Court CR. MISC. No.5396 of 2021(3) dt.29-06-2021 2/2 was caught with the petitioner has been enlarged on bail vide order passed in Cr.Misc. no.5927 of 2021. The petitioner is in custody since 28.8.2020 and has no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State.

A report with respect to the antecedent was called for and the same has been received. As per report the petitioner has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, grant of bail to co-accused Janu Pandey, the petitioner not having any criminal antecedent and being in custody since 28.8.2020, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sasaram (Town) P.S. Case no. 543 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sararam. (Partha Sarthy, J) Bibhash/- U T