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Patna High CourtCR. MISC./61112/2022allowed

Jugnu Miya v. The State Of Bihar

2023-02-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61112 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== JUGNU MIYA S/o Tahir Husain R/v- Sikariya, P.S.- Bikramganj, DistrictRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420 and 34 of the Indian Penal Code and Section 11 of Bengal Public Gambling Act pending in the learned court below. Allegation against the petitioner is that he along with other co-accused persons is said to have involved in the gambling.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that one person was apprehended on the spot. He further submits that petitioner is made accused on the basis of the confessional statement of the co-accused Bhim Chauhan.

Patna High Court CR. MISC. No.61112 of 2022(2) dt.23-02-2023 2/2 He submits that there is no specific overt act against the petitioner. He further submits that there is no compliance of Section 100 Cr.P.C. in this case. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bikramganj P.S. Case No.63/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T