Allowed

Suraj Kumar @ Mithu v. The State of Bihar

Patna HC24 Aug 2023CR. MISC./52385/2023

Case brief

AI extract

What is this about?

In a bail petition under Section 438 CrPC, the Patna High Court granted regular bail to a petitioner accused of cheating and forgery. The petitioner alleged false implication and lack of recovery, noting a similarly situated co-accused had already been granted bail. The Court allowed the application.

What did the court decide?

Petitioner enlarged on bail upon furnishing a bond of Rs. 20,000 with two sureties of the like amount each.

Suraj Kumar @ Mithu Vs The State of Bihar — Cheating and Forgery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52385 of 2023

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Arising Out of PS. Case No.-115 Year-2023 Thana- SHASTRINAGAR District- Patna

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======================================================

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Suraj Kumar @ Mithu Son Of Dharmendra Prasad @ Dharmendra Kumar R/O-Macchali Gali, Raja Bazar, P.O.-B.V. College, P.S.-SHASTRI Nagar, Distt.-PATNA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 24-08-2023

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Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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2 . Heard learned counsel for the petitioner and learned A.P.P for the State.

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3 . The petitioner has preferred this application for grant of regular bail in connection with Shastri Nagar P.S. Case No. 115 of 2023 dated 30.01.2023 registered for the offences punishable u/ss 413 and 414 read with section 34 of the Indian Penal Code.

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4 . As per the prosecution case, on secret information the police personnel apprehended the petitioner and the co-accused persons who used to commit theft of motorcycles.

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5 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

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Patna High Court CR. MISC. No.52385 of 2023(2) dt.24-08-2023 2/2

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The petitioner was not apprehended on the spot. The name of the petitioner has sprung up on the disclosure of the co-accused Md. Ali and Md. Azad. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 21.08.2023 passed in Cr. Misc. No. 43688 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.01.2023.

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6 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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7 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Shastri Nagar P.S. Case No. 115 of 2023.

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8 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Suraj Kumar @ Mithu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suraj Kumar @ Mithu v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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