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Patna High CourtCR. MISC./81541/2023allowed

Sunil Kumar v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81541 of 2023 Arising Out of PS. Case No.-794 Year-2023 Thana- BIHAR District- Nalanda ====================================================== SUNIL KUMAR SON OF SADAN VIND R/O VILLAGE- KUSUMBHA, P.S.- SHEIKHPURA, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code.

3. As per FIR, the police apprehended the petitioner and seized two Aadhar Cards of same person having different dates of birth, one pass book of himself, ATM Card and other articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted as alleged articles recovered from the possession of the petitioner belong to him except on ATM Card in the name of one Sonu Yadav. No

Patna High Court CR. MISC. No.81541 of 2023(2) dt.18-12-2023 2/2 incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that there is nothing on records that petitioner used the seized article in any manner causing loss to any person and charge-sheet has been submitted against him. The trial of this case is triable by learned Judicial Magistrate. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 10.09.2023.

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 satisfaction of the learned C.J.M., Nalanda, Biharsharif in connection with Bihar P.S. Case No. 794 of 2023. (Sunil Kumar Panwar, J) Arish/- U T