Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24287 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== ADARSH KUMAR S/o Yogendra Ram R/o village- Baraa Bharti, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Pandaul P.S. Case No. 29 of 2020, registered for the offence punishable under Sections 419, 420, 406 and 34 of the Indian Penal Code and section 65, 66(B), 66C, 66(D) of the Information Technology Act. As per prosecution case, on 09.02.2020 at 1.10 p.m. while the informant had come to withdraw money from S.B.I A.T. M. machine and inserted his card in A.T.M machine for withdrawal of cash, at that time a boy who was there took his A.T.M card and also took out a machine from his pocket and he

Patna High Court CR. MISC. No.24287 of 2020(2) dt.24-09-2020 2/3 swiped the A.T.M card. Thereafter, informant caught hold that person who disclosed the names of his associates, thereafter informant along with others handed over him to the police. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Entire allegation is false and concocted. No incriminating article has been recovered from possession of petitioner. Charge sheet has already been submitted. Petitioner is in custody since 10.02.2020 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Pandaul P.S. Case No. 29 of 2020, subject to following conditions:- (i) The 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 the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.24287 of 2020(2) dt.24-09-2020 3/3 (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T