Anupam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13833 of 2020 Arising Out of PS. Case No.-27 Year-2020 Thana- HARNAUT District- Nalanda ====================================================== ANUPAM KUMAR Son of Abhay Singh @ Abhay Kumar Resident of Village - Dwarika Bigha, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code and 66 of I.T. Act.

Allegedly, the petitioner is said to have been indulged in recharged the mobile illegally, as a result of which, the customers are getting cash back amount, as a result of which, the company suffered loss of lacks of money.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No. 13833 of 2020(2) dt.26-06-2020 2/2 has been made accused in the present case due to mistake of fact. The petitioner has a shop where he was recharging mobile phones with illegal cash back offer. Except for this, no illegal act has been made in the shop of the petitioner. The allegation, made in the FIR is denied by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Harnaut P.S. Case No. 27 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T