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Patna High CourtCR. MISC./34588/2016bail granted

Suraj Kumar v. The State Of Bihar

2016-10-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34588 of 2016 Arising Out of PS.Case No. -153 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ====================================================== Suraj Kumar son of Makhan Mahto, resident of Mohalla Jairampur, Ward No. 02, P.S. Murligtanj, District Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 419, 420, 414, 471, 472 and 473/34 of the I.P.C. and Section 465(A) and 465(B) of Cyber Crime Act. The prosecution story, in brief, is that on the alleged date and time of occurrence on secret information the informant along with police force raided the house of the petitioner and from the western room of building of the petitioner seven SIM cards, several mobile sets, six ATM cards, etc were recovered and a seizure list was prepared.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.6.2016 and the charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.34588 of 2016 (4) dt.03-10-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Altogether six persons are named in the F.I.R. including the petitioner. From the possession of the petitioner, six ATM cards are said to have been recovered. In the case diary there is no material to suggest that any wrongful loss has been caused to any person. No one has come forward to claim the said ATM cards recovered from the possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. case No.153 of 2016.

(Sudhir Singh, J) Narendra/- U T