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Patna High CourtCR. MISC./63780/2023allowed

Vikash Patel@ Takala @ Vikesh Kumar Patel v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63780 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Vikash Patel@ Takala @ Vikesh Kumar Patel S/O Bhim Prasad @ Bhim Prasad Patel R/O Village- Panchi, P.S- Shekhopur Sarai, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 419, 420, 467, 468, 471, 406, 120(B)/34 of the Indian Penal Code.

3. It is a case of forgery and cheating by way of digital mode by the accused persons including this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. He has no concern with alleged occurrence and co-accused persons. His name has been transpired in this case on the basis

Patna High Court CR. MISC. No.63780 of 2023(2) dt.10-10-2023 2/2 of confessional statement of apprehended co-accused Balo Mahto @ Bablu Kumar. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Neither the petitioner was apprehended on the spot nor any incriminating articles have been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 08.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhopur Sarai P.S. Case No. 136 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of C.J.M., Sheikhpura. (Sunil Kumar Panwar, J) lata/- U T