Vijay Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42127 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -ECONOMIC OFFENCE District- NAWADA ======================================================
1. Vijay Shankar Singh Son of Sri Shrikant Singh resident of VillageApsand, Police Station- Warsaliganj, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shravan Kumar, Sr. Advocate Mr. Dinesh Maharaj, Advocate For the E.O.U. : Mr. Akhileshwar Prasad Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 19.06.2016 in connection with Economic Offence Police Station Case No. 6 of 2016 registered for the offence punishable under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code and 66( c) and 66 (d) of the Information Technology Act. The prosecution case as lodged by the police is that the petitioner used to show blur faces of renowned sports persons of film stars through channels and asked to send the name through mobile and take a huge amount. The correct name senders were asked to deposit huge money for income tax, sales tax or
Patna High Court Cr.Misc. No.42127 of 2016 (3) dt.13-12-2016 2/3 registration tax etc. but nothing was paid to them. As such, the petitioner cheated public by taking his money. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He further submits that there is no criminal history against him and charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution witnesses. He further submits that other F.I.R. named accused having similar allegations, have since been granted the privilege of bail by a Coordinate Bench of this Court passed in Cr. Misc. No. 32481 of 2016 and Cr. Misc. No. 35105 of 2016 dated 20.09.2016. However, learned counsel appearing on behalf of the Economic Offence Unit submits that the petitioners are named in the F.I.R. and were involved as a gang in the aforesaid offence, hence, opposes the prayer for bail.
Be that as it may, since charge sheet has already been submitted and other co-accused on similar allegations have been granted the privilege of bail, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Economic Offence Police Station Case No. 6 of
Patna High Court Cr.Misc. No.42127 of 2016 (3) dt.13-12-2016 3/3 2016.
This is however subject to the condition that the petitioner will file an undertaking duly supported by his personal affidavit before the Trial Court and he will appear physically before the Court below on each and every date till the disposal of the case and in case of failure to appear on two consecutive dates without giving any reasonable explanation, this liberty granted will be deemed to be cancelled.
With these observations and directions, this bail application is allowed.
(Nilu Agrawal, J) Sudha/- U T