Inderjeet Kumar Gupta @ Indrajeet Gupta @ Kalia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68454 of 2022 Arising Out of PS. Case No.-110 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Inderjeet Kumar Gupta @ Indrajeet Gupta @ Kalia S/O Hari Prasad Gupta @ Hari Prasad Resident Of Village- Banshha, P.S.- Nabinagar, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 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 section 392 of the Indian Penal Code.

Prosecution case relates to loot of amount of Rs. 2,37,265/- from a bank by unknown accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. The name of the petitioner

Patna High Court CR. MISC. No.68454 of 2022(2) dt.27-02-2023 2/2 has transpired in the present case on the basis of confessional statement of co-accused Ajay Singh before the police, which has got no evidentiary value in the eye of law. Except confessional statement, nothing has come against the petitioner during course of investigation. Moreover, similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 3.2.2023 passed in Cr. Misc. No. 36370 of 2022. The petitioner has got no criminal antecedent. He is languishing in judicial custody since 12.4.2022. 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 Rafiganj P.S. Case No. 110 of 2022 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., Aurangabad. (Sunil Kumar Panwar, J) Amandeep/- U