Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26986 of 2019 Arising Out of PS. Case No.-10 Year-2018 Thana- ISHIPUR District- Bhagalpur ====================================================== BHIM YADAV S/o Batoran Yadav R/o village- Sallempur, P.S.- Pirpainti, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Kishor Das, Advocate.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Ishipur Barahat P.S. Case No. 10 of 2018, instituted for the offence under Section(s) 420 and 379/34 of Indian Penal Code.

Counsel for the petitioner submits that petitioner was not arrested on the spot. The name of petitioner has been disclosed by Rohit Kumar Paswan who was caught hold by the villagers on the spot.

It is alleged in the written report that five boys were selling SIM of Vodafone and Airtel Company after parking Maruti Car. They were making announcement from Mike that SIM at Rs. 50, talk time with Net facilitates for one month will be provided, for which, Aadhar card along with thumb impression was being taken by them. For taking SIM, the informant gave Aadhar Card and his thumb impression. It is further alleged that after one minute, two

Patna High Court CR. MISC. No.26986 of 2019(2) dt.26-04-2019 2/2 messages came on his Mobile deducting Rs.5,000/-each (total 10,000/-) from his account. The amount was also deducted from other persons as mentioned in the written report. When money of the informant was deducted from his account he went near Maruti Car, but the persons who were selling the SIM, started running away from there. Out of them, one boy was apprehended. He disclosed his name as Rohit Kumar Paswan. He also disclosed the name of the petitioner. Petitioner is in custody since 15.01.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VII, Bhagalpur, in connection with Ishipur Barahat P.S. Case No. 10 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T