Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25979 of 2016 Arising Out of PS.Case No. -285 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Vikash Kumar Son of Radha Choudhary, resident of Mohalla - New Sidhauli, P.S. Dehri (Dalmiyanagar), District - Rohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Jai Prakash Singh, Advocate For the Opposite Party : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 420, 467, 468, 471, 406 of the Indian Penal Code and 66(D) of I.T. Act.

The prosecution case, in brief, is that the informant is a worker of Rathi Iron Steel Company Private Limited, Indaur and is a account holder of S.B.I. Branch Dalmiyanagar and his Account number is 31695825883, in which account Rs.4,59,834.64/- was available. On 9.6.2015 when he had gone to Bank for up-to-date of his account he found that Rs.70,428.69 is available in his account. The informant suspected that some unknown persons have withdrawn his money by committing economic siber crime. Hence, he instituted the present case.

Patna High Court Cr.Misc. No.25979 of 2016 (4) dt.17-08-2016 2/3 It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.01.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. The petitioner is not named in the F.I.R. His name has come on the confessional statement of co-accused Sonu Kumar. The petitioner has also confessed his guilt before the police. From the confessional statement of the co-accused it is admitted that out of Rs.3,90,000/-, 50 per cent of the said amount was paid by the petitioner and 50 per cent was kept with him. It is further submitted that the petitioner is ready to deposit Rs.1,95,000/- in the court below within a period of nine months, which shall be subject to the final disposal of the case. On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.1,95,000/- in the court below within a period of nine months from the date of receipt/production of a copy of this order. The said amount shall be released in favour of the informant, subject to the final disposal of the case.

In the meanwhile, the above named petitioner shall

Patna High Court Cr.Misc. No.25979 of 2016 (4) dt.17-08-2016 3/3 be granted provisional bail for a period of nine months on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dehri, Rohtas in connection with Dehri (Dalmiyanagar) P.S. Case No.285 of 2015. Once the entire amount has been deposited by the petitioner, the court below shall confirm the provisional bail granted to the petitioner. (Sudhir Singh, J) Narendra/- U T