Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19928 of 2022 Arising Out of PS. Case No.-618 Year-2021 Thana- PATRAKARNAGAR District- Patna ====================================================== Gautam Kumar S/o Sanjay Prasad, Resident of Village - Mirachak, P.S.- Warsaliganj, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Patrakar Nagar P.S. Case No. 618 of 2021, lodged under Sections 467, 468, 471, 420, 474, 120(B) of the Indian Penal Code and Section 66 (C) of I.T. Act.

The present case has been filed against 9 accused persons, petitioner is one of them from whose possession in total 45 items including ATM of different persons, PAN Cards, Aadhar Cards, Debit and Credit Cards and different documents relating to vehicles registered in the name of other persons were recovered. Allegation of fraud by virtue of fabricating

Patna High Court CR. MISC. No.19928 of 2022(4) dt.14-09-2022 2/3 documents are also on the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that a criminal case has been filed on the same day on which the present case has been filed, therefore, petitioner has one criminal antecedent. He further submits that petitioner is in custody since 01.11.2021, charge sheet has already been filed as well as charge has also been framed in this case against the petitioner.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, Patna in connection with Patrakar Nagar P.S. Case No. 618 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.19928 of 2022(4) dt.14-09-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T