Vikash Kumar @ Vikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13933 of 2021 Arising Out of PS. Case No.-834 Year-2020 Thana- KANKARBAG District- Patna ====================================================== VIKASH KUMAR @ VIKESH KUMAR Son of Surendra Yadav Resident of Village - Sunderpur, P.S.- Katri Sarai, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Jagdhar Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Kankarbagh P.S. Case No. 834 of 2020, registered for the offence punishable under Sections 420, 379, 467, 468, 471 and 120B of the Indian Penal Code.

On secret information that some cyber crime being committed, the police arrived at the school and five persons including this petitioner were caught and from possession of this petitioner one mobile phone has been recovered. It is further alleged that the accused persons were committing cyber crime by deceiving people on social media, on the pretext of giving

Patna High Court CR. MISC. No.13933 of 2021(2) dt.01-07-2021 2/3 lottery insurance loan.

It is submitted on behalf of the petitioner that entire allegation is false and concocted. Petitioner has falsely been implicated in this case merely on suspicion and none of the persons from whom money was demanded has made any complaint and the seized mobile phone belongs to this petitioner. Moreover, similarly situated co-accused has been granted bail by this Court vide order dated 16.04.2021 passed in Cr. Misc. No. 9068 of 2021. Petitioner bears clean antecedent and he is in custody since 22.10.2020.

Considering the fact that petitioner claims clean antecedent and the fact that similarly situated co-accused has been granted bail by this Court, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Patna in connection with Kankarbagh P.S. Case No. 834 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.13933 of 2021(2) dt.01-07-2021 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T