Laxmi Kant @ Laxmikant Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62185 of 2023 Arising Out of PS. Case No.-329 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== Laxmi Kant @ Laxmikant Chaudhary Son Of Lalan Chadhary R/O VilllagePiru, P.S-. Piru, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dayanand Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 419, 420, 467, 468, 469, 471 and 120(B) of the Indian Penal Code.

As per prosecution case, the police arrested some persons who were found involved in helping the person to cheat in the examination for recruitment of constable. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has come in this case only from the confession made by the co-accused before the police,

Patna High Court CR. MISC. No.62185 of 2023(2) dt.15-09-2023 2/2 which has no evidentiary value in the eye of law. No incriminating article has been recovered from his conscious possession or from his house except for two mobile phones. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 30.08.2023 passed in Cr. Misc. No.56744 of 2023. It is also submitted that petitioner is languishing in judicial custody since 16.05.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Civil Lines P.S. Case No 329 of 2023 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 J.M. 1st Class, Gaya. (Sunil Kumar Panwar, J) lata/- U T