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Patna High CourtCR. MISC./77768/2023allowed

Bir Singh Mehta v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77768 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== BIR SINGH MEHTA S/O CHOTAN MEHTA @ CHHOTELAL MEHTA R/O VILLAGE- PARAIL, P.S- ALAMNAGAR (RATWARA OP), DISTT.- MADHEPURA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code.

3. As per prosecution case, informant was working as Sangam Manager in Bharat Finance and on 30.03.2023, he has collected Rs. 45,295/- from Narayanpur Basa and collected Rs.

Patna High Court CR. MISC. No.77768 of 2023(2) dt.05-12-2023 2/3 53595/- from Parail. It is further alleged that some unknown miscreants came and snatched the collected money of Rs. 96,890/-, ATM Card, mobile and other articles from the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of the himself, before the police, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 20.05.2023.

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

Patna High Court CR. MISC. No.77768 of 2023(2) dt.05-12-2023 3/3 satisfaction of the learned J.M. 1st Class, Udakishunganj, Madhepura in connection with Alamnagar P.S. Case No. 89 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T