Dayashankar Prasad @ Daya Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84664 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- Cyber P.S. District- Gopalganj ====================================================== Dayashankar Prasad @ Daya Shankar Prasad Son Of Late Shreeram Sah R/O Village- Sareya, Ward No. 3, P.S.- Gopalganj In The District Of Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 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 420, 406, 467, 468, 471 of the Indian Penal Code.

As per prosecution case, one accused person, namely, Binod Kumar was caught along with Rs. 3,00,000/- who was alleged to involved in Hawala transaction and the he has confessed that the petitioner was also involved in the same.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.84664 of 2023(2) dt.08-01-2024 2/3 been implicated in the present case. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. The name of petitioner arrayed in this case on the confessional statement of co-accused Binod Kumar. It is further submitted that petitioner has no concern with the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 03.11.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused has been granted bail by this Court vide order dated 11.12.2023, passed in Cr. Misc. No. 79360 of 2023.

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 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 in connection with Gopalganj Cyber P.S. Case No. 12 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two

Patna High Court CR. MISC. No.84664 of 2023(2) dt.08-01-2024 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj. (Sunil Kumar Panwar, J) Manishkr/- U T