Bicku Kumar @ Sheo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16986 of 2020 Arising Out of PS. Case No.-687 Year-2019 Thana- DIGHA District- Patna ====================================================== 1.

BICKU KUMAR @ SHEO KUMAR Son of Anil Singh Resident of Village - Indupur, Ward No. 22, P.S.- Barahiya, District - Lakhisarai. 2.

Gulshan Kumar Son of Tuntun Singh Resident of Village - Roushana (Rosana), P.S.- Fatehpur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2020 This matter has been taken up through Video Conferencing.

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

The petitioners are languishing in custody for the offences punishable under Sections 419/420/465 /467 /468 / 474/34 of the Indian Penal Code and Sections 65/66(b)/66(c)/67 of the I.T. Act.

The petitioners were apprehended on suspicion that they were tampering with the ATM machine. Nothing incriminating was recovered from the possession of the petitioners at the time of arrest. The petitioners are in custody

Patna High Court CR. MISC. No.16986 of 2020(3) dt.28-08-2020 2/2 since 10.12.2019. Investigation of the case is already complete. Recovery of cash is alleged from the house of the petitioners. Considering the fact that there is no direct material against the petitioners save and except suspicion nor there is any material to substantiate that ATM machine was found tampered, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Digha P.S. Case No.687 of 2019, with following conditions:

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

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

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