Kuldeep Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78216 of 2018 Arising Out of PS. Case No.-506 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Kuldeep Kumar Ram Son of Sri Satish Ram Resident of Village-I.T.I.,Budha Colony,P.S. Bettiah Muffasil,Distt.-West Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Sri Chandrasen Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bettiah Muffasil P.S. Case No. 506 of 2018 registered for the offences punishable under Sections 420, 406, 379/34 of the Indian Penal Code and Section 66-D of the Information Technology Act, 2000.

Informant is a police officer, who has alleged in his written complaint that on 19.09.2018 at about 5:30 P.M. he received a information that some forgery being committed in the A.T.M. of Bank of Baroda and on receiving such information he reached the place of occurrence and found two

Patna High Court Cr.Misc. No.78216 of 2018(2) dt.16-01-2019 2/3 miscreants engaged in illegal act and from their possession A.T.M. card and different unauthorized documents were recovered and they disclosed their name as Amit Kumar and Niraj Kuamr. The apprehended accused also disclosed the name of other miscreants who were associated with them in committing such crime including the name of petitioner. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. There is no allegation of any overt act of duping against petitioner. He has no criminal antecedent and is in custody since 21.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon 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, West Champaran at Bettiah, in connection with Bettiah Muffasil P.S. Case No. 506 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

Patna High Court Cr.Misc. No.78216 of 2018(2) dt.16-01-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T