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Patna High CourtCR. MISC./28373/2018bail granted

Shiv Kumar Thakur @ Sukumar Thakur v. The State Of Bihar

2018-05-18Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28373 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Shiv Kumar Thakur @ Sukumar Thakur S/o Sri Kailash Thakur, R/o Vill.- Barith, P.S.- Katarisarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2018 The petitioner is apprehending his arrest in connection with Giriyak (Katrisarai) P.S. Case No. 99 of 2018 registered for offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner is that he along with his sons was involved in running an on-line business on the basis of forged sim-card, forged bank account and forged address. It has been submitted on behalf of the petitioner that prosecution case is false and concocted. Petitioner was not apprehended from spot. Allegedly, six mobiles were recovered and accordingly a seizure list has been prepared but the alleged siezure list does not contain the signature of the petitioner. Petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.28373 of 2018 (2) dt.18-05-2018 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Nalanda in connection with Giriyak (Katrisarai) P.S. Case No. 99/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.28373 of 2018 (2) dt.18-05-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sushma/- U T