Md. Meharban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70661 of 2022 Arising Out of PS. Case No.-442 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Md. Meharban Son Of Md. Shamsuddin R/V- Bam Road, Patwa Toli Ward No. 18, Daudnagar, P.S- Daudnagar, Dist- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Daudnagar P.S. Case No.442 of 2021 registered for the offences punishable under Sections 419, 420, 467 and 468/34 of the Indian Penal Code and Section 4/5 (a)(b) of Bihar Lottery Act, Bengal Gambling Act. The allegation against the petitioner is to cheat

Patna High Court CR. MISC. No.70661 of 2022(3) dt.28-04-2023 2/3 innocent persons and also to engage in the activities of lottery selling which is prohibited under Bengal Gambling Act. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of coaccused namely, Guddu Kumar and Irshad Alam, and in furtherance of which nothing incriminating surfaced/recovered till now, which may connect this petitioner with the alleged occurrence. While concluding the argument it is submitted that petitioner found involved in one more case, where he is on bail. Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as save and except confessional statement nothing incriminating recovered/surfaced against this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Aurangabad, Bihar/concerned Court below where the case is pending in connection with

Patna High Court CR. MISC. No.70661 of 2022(3) dt.28-04-2023 3/3 Daudnagar P.S. Case No.442 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T