Muneshwar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 58549 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- MANPUR District- Nalanda ====================================================== 1.
MUNESHWAR PASWAN SON OF DHURI PASWAN VILLAGEDHANUKI, PS- MANPUR, DIST- NALANDA 2.
RAJIV KUMAR @ RAVI KUMAR SON OF KARU SAO VILLAGEDHANUKI, PS- MANPUR, DIST- NALANDA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Sharma For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioner has prayed for bail in a case instituted for the offence under Sections 419, 420, 467, 468, 471 of the Indian Penal Code and Section 66(c)(d) of the I.T. Act. As per allegation in the FIR, during day patrolling on getting secret information about cyber fraud, police party proceeded towards village Gonawan and found three persons in suspicion. On chase, they were apprehended and from their possession, mobiles and several papers containing names and contact numbers were recovered.
It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No. 58549 of 2023(2) dt.01-09-2023 2/2 that petitioners have been falsely implicated in this case. They have committed no offence. Only on the basis of suspicion, their names have been dragged in the present case. The seized mobiles belongs to the petitioners. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. No specific allegation of cheating to any person is against the petitioners. Petitioners have got clean antecedent and are languishing in judicial custody since 18.6.2023.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ACJM V, Biharsharif, Nalanda in connection with Manpur P.S. Case No. 114 of 2023.
(Sunil Kumar Panwar, J) sushma/- U