Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67884 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Amit Yadav Son Of Late Madan Yadav R/O Village- Mohabbtpur, P.S.- Shekhopur Sarai, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code. As per prosecution case, the informant got secret information that co-accused Santu Ram used to cheat money in the name of facilitating loan from Bajaj Finance. On interrogation, he disclosed the name of the petitioner as his associate, who allegedly alluring the customers through advertisement to cheat them.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner has transpired in this case from the confessional statement of co-

Patna High Court CR. MISC. No.67884 of 2022(2) dt.02-02-2023 2/2 accused Santu Ram, which has got no evidentiary value in the eye of law. Except confessional statement of co-accused, nothing is against the petitioner. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, similarly situated co-accused namely, Ritik Ram @Ritik Kumar has already been granted bail by a coordinate bench of this court vide order dated 15.7.2022 in Cr. Misc. No. 30074 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 24.9.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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. 140 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura. (Sunil Kumar Panwar, J) amandeep/- U T