Bharat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21082 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== BHARAT KUMAR S/o Sri Jagdish Pandit R/o village- Ahiyachak, P.S.- Katrisarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kr. Thakur, Adv.
Mrs. Babita Kumari, Adv.
Ms. Swati Sinha, Adv.
For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2019 Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in connection with Giriyak (Katrisarai) P.S. Case No. 10 of 2019 for the offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code and Section 66 of the Information Technology Act.
The prosecution case got initiated on the basis of written report of Vijay Kumar Singh, A.S.I. submitted before the Station House Officer, Giriyak (Katrisarai) Police Station is to the effect that on 12.01.2019 at about 5.00 P.M., he received a secret information that accused persons, namely, Bharat Kumar, Rakesh Kumar and Shrawan Kumar are performing a group for
Patna High Court CR. MISC. No.21082 of 2019(2) dt.05-04-2019 2/3 cheating and forgery work after hacking details of customers of Fish Parsh Company. When the police team reached at the place of occurrence, on seeing them, all the accused persons managed to escape but the co-accused, Rakesh Kumar was apprehended and from his house one mobile phone, one computer, C.P.U. and printer machine were recovered, disclosed the name of the petitioner.
It is submitted by the learned counsel for the petitioner that no recovery has been made from the conscious physical possession of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that similarly situated co-accused, namely, Shravan Kumar has been granted bail vide order dated 27.03.2019 passed in Cri. Misc. No. 18371 of 2019.
Learned APP submits that on information, that the petitioner and others were cheating the innocent people, raid was made but the petitioner managed to escape.
Considering the fact that there is no recovery from the conscious physical possession of the petitioner and the statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or
Patna High Court CR. MISC. No.21082 of 2019(2) dt.05-04-2019 3/3 surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned I/C A.C.J.M., Nalanda at Biharsharif in connection with Giriyak (Katrisarai) P.S. Case No. 10 of 0219, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) sushma/- U T