Swapnil Raj v. The State Of Bihar Through Superintendent Of Police, Economic Offence Unit Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7038 of 2019 Arising Out of PS. Case No.-016 Year-2018 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== SWAPNIL RAJ aged about 18 years (Male) s/o Sri Sanjay Kumar, r/o villageIchahosh, P.S. Islampur, District-Nalanda, presently residing at A.G. colony, Patel Nagar, Police Station Sastrinagar, Patna, District Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR THROUGH SUPERINTENDENT OF POLICE, ECONOMIC OFFENCE UNIT BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Roy For the Opposite Party/s :

Mr.V.N.P.Sinha(EOU) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Economic Offence P.S. Case No. 16 of 2018 registered for the offence punishable under Sections 419, 420, 120B of the Indian Penal Code and Section 66(C), 66(D) of I.T. Amendment Act, 2008.

Allegation against the petitioner is of hacking the Wallet of FLIPKART of a purchaser and booking and purchasing goods from the same alongwith other accused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. It has been further submitted that the petitioner is the student of BCA. Petitioner has got no criminal antecedent and is

Patna High Court Cr.Misc. No.7038 of 2019(3) dt.25-02-2019 2/3 in custody since 24.11.2018.

Considering the aforesaid facts and circumstances of the case and the fact that the phone which has been used in the crime has been recovered from the possession of the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected. However, it is observed that the petitioner named above be released on bail after framing of charge, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st Class, in connection with Economic Offence P.S. Case No. 16 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.7038 of 2019(3) dt.25-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U