Deepak Kumar @ Sanu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23751 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== DEEPAK KUMAR @ SANU S/o Inglesh Kumar R/o village- Goraiya Bigha, P.S.- Katari Sarai, Distt.- Nalanda ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rabindra Prasad Singh,Advocate For the Opposite Party :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Giriyak P. S. Case No. 48 of 2019 registered under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code and Sections 66, 66(c) and 66(D) of the I.T. Act. Learned counsel for the petitioner submitted that no person, who has been cheated by the petitioner has come forward to make any complaint against him. Recovery of certain articles from the house of the petitioner such as television, laptop, mobile phone, etc. would not attract any ingredients of any offence, as it is not the allegation of the prosecution that they were either stolen or were subject matter of any sort of

Patna High Court CR. MISC. No.23751 of 2019(3) dt.23-05-2019 2/3 cheating. He further contended that in absence of any legal evidence against the petitioner, he is in custody since 20.02.2019.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. He contended that there is allegation in the FIR that the petitioner used to contact people by saying them that they have won prizes and in the name of registration, he used to extract money from them. Be that as it may, considering the nature of allegation, period spent by the petitioner in custody as an under trial prisoner, statement made in para-3 of the application that he has got no criminal antecedent and willingness shown by him to furnish bond and sureties to the satisfaction of the court, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned ACJM-1, Biharsharif, Nalanda in connection with Giriyak P. S. Case No. 48 of 2019, subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an

Patna High Court CR. MISC. No.23751 of 2019(3) dt.23-05-2019 3/3 offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) kanchan/- U T