Mukesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68054 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- VIJAYEPUR District- Gopalganj ====================================================== Mukesh Pandey Son Of Subhash Pandey Resident Of Village And P.S.- Vijaipur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishu Priya For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 406, 409, 419, 420, 120(B), 379, 34 of the Indian Penal Code and Section 43 of the Prize Cheats & Money Circulation Scheme Banning Act, 1978.

The prosecution case as per F.I.R is that informant Sunita Kharwar along with 300 women opened account in different banks and all the F.I.R named accused persons including the petitioner used to go to their houses and got the transaction done with the

Patna High Court CR. MISC. No.68054 of 2022(4) dt.09-05-2023 2/3 help of swipe machine and thumb impression. It is alleged that the accused persons in connivance with the other officials of the bank took loan of Rs. 9-10 crores in the name of the informant and others by fraudulently using Aadhar number and thumb impression of the informant and others.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The name of the petitioner sprang up in this case since he is brother of C.S.P Director Mithilesh Pandey through which fraudulent was committed. The petitioner has separate establishment from his brother and he has no concern with his brother in any manner. The petitioner runs a shop for his livelihood and he never involved in the alleged crime. The petitioner is languishing in custody since 02.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing for the State

Patna High Court CR. MISC. No.68054 of 2022(4) dt.09-05-2023 3/3 has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Vijaipur P.S. Case No. 143 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T