Patna High CourtCR. MISC./3630/2024allowed

Amit Kumar v. The State Of Bihar

2024-01-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3630 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Amit Kumar Son of Aditya Mali @ Aditya Malakar R/o- Bahri bigha, P.O.- Lal bigha, P.S.- Kashichak, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shilpi Keshri For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420, 419, 467, 468, 471, 120B, 34 of the Indian Penal Code.

3. As per prosecution case, co-accused Sitaram Malakar along with Saurabh Kumar are said to have been apprehended who disclosed the name of the petitioner alleging that they were indulged in Cyber crime by alluring the innocent people.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He was not apprehended on

Patna High Court CR. MISC. No.3630 of 2024(2) dt.23-01-2024 2/2 spot and no any incriminating article has been recovered from conscious possession of the petitioner. His name was disclosed by apprehended co-accused Sitaram Malak who has already been enlarged on bail granted by this Court vide order dt. 1.12.2023 passed in Cr. Misc. No. 76817 of 2023. No any incriminating article has been recovered from possession of this petitioner and he is languishing in judicial custody since 26.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Sheikhpura P.S. Case No. 168 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura. (Sunil Kumar Panwar, J) Amandeep/- U T