Balbant Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.29395 of 2016 (3) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29395 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Balbant Kumar Son of Sri Umesh Mandal, resident of Village- Burhikhar, P.S.- Jhajha, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash Parasar, Advocate. For the Opposite Party : Mr. Sri Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Mojahidpur P.S. Case No. 57 of 2016 for the offences instituted under Sections 420, 467, 468, 470, 471, 472, 120(B) of the Indian Penal Code and Sections 43, 66, 66c and 66(d) of the I.T. Act, 2000.

There is allegation against the petitioner that he is one of the members of international gang of cyber crime for the purpose of cheating to destroy the economy of the country. It is also alleged against him that so many ATM Cards and other objectionable articles are said to have been recovered from his possession.

Patna High Court Cr.Misc. No.29395 of 2016 (3) dt.05-09-2016 It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.04.2016. There is no criminal antecedent against the petitioner. No allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case, due to mistake of fact. Number of ATM Card is said to have been recovered from petitioner but none of the account is said to have been operated by the petitioner. It is further submitted that the petitioner may be released on bail after completion of nine months from the custody i.e. from 20.04.2016.

On behalf of the state, it has been submitted that the petitioner is named in the First Information Report. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail, after nine months in custody from 20.04.2016, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, in connection with Mujahidpur P.S. Case No. 57 of 2016.

(Sudhir Singh, J) Amit/- U T