Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17030 of 2020 Arising Out of PS. Case No.-302 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== Abhay Kumar Son of Aklu Sah @ Jay Prakash Sah Resident of Mohalla - Mirganj, G.D. College Road, Ward No. 23, P.S. - Town, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-09-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 420/409 of the Indian Penal Code.

The petitioner is not named in the FIR relating to occurrence of cheating by withdrawal of money from the accounts of others through net banking. One Birendra Yadav is named in the FIR. However, during investigation name of the petitioner surfaced in the confessional statement of co-accused Prabhat Kumar Sinha as co-culprit of Prabhat Kumar Sinha. Considering the fact that there is no direct material

Patna High Court CR. MISC. No.17030 of 2020(3) dt.01-09-2020 2/2 against the petitioner and investigation of the case is already complete, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Rajauli P.S. Case No.302 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T