Basudeo Kumar Dan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26603 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- RAMPUR District- Gaya ====================================================== BASUDEO KUMAR DAN Son of Shishir Kumar Dan Resident of VillageUkma, P.S.- Tundi, District- Dhanbad (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-10-2020 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 Rampur P.S. Case No. 10 of 2020, registered for the offence punishable under Sections 420, 467, 471, 379, 34 and 120(b) of the Indian Penal Code. It is alleged that four unknown persons entered into the shop of informant as customer and purchased different items and payment was made through Future Pay which is digital payment portal. Payment through such mode created doubt in the mind of informant and he enquired about the same and he learnt that all persons were member of gang which is engaged in

Patna High Court CR. MISC. No.26603 of 2020(2) dt.12-10-2020 2/3 theft through digital payment. Out of them one person was caught who disclosed his name as Basudev Kumar. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on suspicion. Petitioner had not purchased any article from the shop of informant. Charge sheet has already been submitted. Petitioner is in custody since 11.01.2020 having clean antecedent as stated in para 3 of the petition. 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, Gaya in connection with Rampur P.S. Case No.

10 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.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.26603 of 2020(2) dt.12-10-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T