Mahesh Saw @ Mahesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82954 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== MAHESH SAW @ MAHESH SAH S/o Late Kishun Sah R/o villageHadhadiya, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Abhay Kumar Roy, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Laxmipur P.S. Case No. 90 of 2019 for the offence punishable under Sections 419, 420 and 468 of the Indian Penal Code. The allegation levelled against the petitioner herein is regarding him using fake mobile SIM, registered in some other persons' name for the purposes of committing crime. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and has got no complicity in the matter. It is

Patna High Court CR. MISC. No.82954 of 2019(7) dt.16-09-2020 2/2 further submitted that only on account of bad criminal antecedent of the petitioner herein, he has been falsely implicated in the present case. Lastly, it is submitted that the petitioner is in custody since 17.09.2019.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the nature of allegations levelled against the petitioner herein as also considering the fact that minuscule evidence regarding complicity of the petitioner in the alleged crime is available in the case diary, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui in connection with Laxmipur P.S. Case No. 90 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T