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Patna High CourtCR. MISC./70944/2023allowed

Sanjeev Kumar v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70944 of 2023 Arising Out of PS. Case No.-482 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Sanjeev Kumar Son Of Upendra Mahaseth Resident Of Village - Bhutahi, P.S. - Sonbarsa, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 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 379, 413, 414, 419, 420, 467 and 34 of the Indian Penal Code.

3. Prosecution case in short, is that, informant being a police official, got secret information about gang of persons who used to cheat people by changing their ATM cards. When police reached for verification, petitioner along with other coaccused persons were arrested on spot and from the possession of this petitioner, some ATM cards from different banks along with cash of Rs. 22,000 in the form of Rs. 500 denomination. It is further alleged that from other co-accused persons, recovery of several ATM card along with cash has been made.

Patna High Court CR. MISC. No.70944 of 2023(3) dt.05-01-2024 2/2

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. It is further submitted from para-8 of this petition that the recovery of Rs. 22,000/- from the possession of this petitioner is not illegal money rather it is his own amount. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 02.01.2024 in Cr. Misc. No. 72050 of 2023. Moreover, the petitioner is languishing in judicial custody since 21.06.2023.

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 Sitamarhi P.S. Case No. 482 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) Shubham/- U T