Patna High CourtCR. MISC./69160/2023allowed

Shambhu Das v. The State Of Bihar

2023-11-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69160 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== SHAMBHU DAS SON OF BISHUNDEO DAS RESIDENT OF VILLAGEBIRBAS, PS- PASRAHA, DISTT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 406, 420, 467, 468, 471, 504 and 506 of the Indian Penal Code.

3. It is a case of cheating. The petitioner had taken Rs. 5 lac from the father of the informant on the pretext of providing job to the informant at Barauni Refinery.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner and informant are covillager and due to previous enmity the petitioner has been falsely implicated in this case. There is no any documentary proof in respect of receiving of Rs. 5 lac by the petitioner. A

Patna High Court CR. MISC. No.69160 of 2023(2) dt.01-11-2023 2/2 statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 05.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Pasraha P.S. Case No. 16 of 2023. (Sunil Kumar Panwar, J) lata/- U T