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Patna High CourtCR. MISC./69601/2023allowed

Jitendra Kumar @ Jitendra Kumar Sah v. The State Of Bihar

2024-01-31Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69601 of 2023 Arising Out of PS. Case No.-423 Year-2023 Thana- BANKA District- Banka ====================================================== Jitendra Kumar @ Jitendra Kumar Sah Son of Sri Binod Kumar Sah, Resident of Mohalla- Mirzanhat, P.S.- Mozahidpur, Town And District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Purushottam Kumar Das, Advocate.

For the Opposite Party/s :

Mr. Surendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Banka P.S. Case No.423 of 2023, registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. As per the prosecution case, three accused persons including the petitioner were apprehended near ATM in suspicious condition and on search some cheques, bank passbooks, debit cards, mobile phones with Sim cards were recovered from their possession. It is alleged that they are involved in cyber crime.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that nothing alleged articles have been recovered from the possession of the petitioner rather the same have been recovered from his house by the Police and the seized articles either belong to the petitioner or his family members.

Patna High Court CR. MISC. No.69601 of 2023(3) dt.31-01-2024 2/2 Learned counsel submits that petitioner has one criminal antecedent, he is in custody since 23.06.2023 and charge sheet has already been submitted in this case. He further submits that similarly situated co-accused persons namely Prawej Ansari @ Pravej Ansari and Navin Kumar Sah have been granted bail by the Co-ordinate Benches of this Court vide orders dated 16.10.2023 & 21.12.2023 passed in Cr. Misc. No.67198 of 2023 & Cr. Misc. No.80899 of 2023 respectively.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No.423 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T