Deepak Kumar @ Aryan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70924 of 2022 Arising Out of PS. Case No.-549 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== DEEPAK KUMAR @ ARYAN Son of Suresh Baitha Resident of Jaukatiya, Ward No. - 01, P.S.- Majhaulia, District - West Champaran (Bettiah). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 400, 401, 402, 403, 411, 413, 414, 420, 467, 468, 471, 472, 379, 120B of the Indian Penal Code and Section 66(C), 66(F) of the I.T. Act. The allegation against the petitioner is to have in possession of 26 numbers of unexplained ATM cards belongs to to different nationalized banks, four mobile phones and one black pulsar Motorcycle, as per FIR.
Patna High Court CR. MISC. No.70924 of 2022(2) dt.24-03-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to village party politics. He submitted that the seizure list appears doubtful being not supported by independent witness, rather by Bihar Homeguard personnel. No said victim of alleged recovered ATM cards made any complaint against this petitioner. He further submitted that on the basis of suspicion, it cannot be said that petitioner was involved in cheating and to be involved in forgery. Learned counsel for the petitioner further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 15.03.2023 passed in Cr. Misc. No. 68509 of 2022. The petitioner has no criminal antecedent as stated in para-3 of the bail application. It is also submitted that petitioner is languishing in judicial custody since 27.07.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration 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 enlarged on bail in connection with Majhaulia P.S. Case No. 549 of 2022 on
Patna High Court CR. MISC. No.70924 of 2022(2) dt.24-03-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran, Bettiah.
(Sunil Kumar Panwar, J) Arish/- Sushma/- U T