Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25755 of 2020 Arising Out of PS. Case No.-108 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== Rohit Kumar, Son of Sanjay Kumar, Resident of Village - Mohabbatpur @ Mahammadpur, P.S. - Shekhopur Sarai, District - Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Sinha, Advocte For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-10-2020 In view of the submission and undertaking of the learned counsel for the petitioners, at the time of hearing of this application through Video Conferencing, that he would remove the defect(s), as pointed out by the stamp reporter, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.
Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Jakkanpur P.S. Case No. 108 of 2020, registered under Sections 379, 420, 414, 467, 468, 469, 571 and 120(B) of the Indian Penal Code and Sections 66(B), 66(C) and 66(D) of the I. T. Act.
Patna High Court CR. MISC. No.25755 of 2020(2) dt.13-10-2020 2/3 The accusation is that on receiving secret information about presence of miscreants indulging in Cyber crime by withdrawing the money from ATM at Ramkrishna Nagar, the informant along with other police personnel reached at Mithapur Bypass near P.N.B then saw that a white colour Swift desire car came, which was stopped, in which, four persons were found sitting, who disclosed their names as Kanhaiya Kumar, son of Sanjay Singh, Kanhaiya Kumar, son of Rambilash Sharma, Gautam Kumar and Rohit Kumar (petitioner). On search, one laptop, several Adhar cards, voter cards, pan cards, driving licences, ATM cards, mobile phones along with SIM cards and other documents recovered from the black bag kept on the rear seat of the said car. On query, they did not produce any paper regarding the aforesaid items and Kanhiya Kumar also disclosed that they used to do the work of Thug and withdraw the money from the ATM by creating duplicate ATM cards.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion. Further submission is that petitioner, having no criminal antecedent, is in custody since 09.02.2020. Having regard to the facts and the circumstances of
Patna High Court CR. MISC. No.25755 of 2020(2) dt.13-10-2020 3/3 the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistraqte-VIII, Patna, in connection with Jakkanpur P.S. Case No. 108 of 2020. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T