Golu Singh @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38569 of 2021 Arising Out of PS. Case No.-443 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== GOLU SINGH @ ADITYA KUMAR S/O SHASHI KUMAR THAKUR R/O VILLAGE-BASUA, P.S-AURAI, DISTRICT-MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 30.07.2020, seeks regular bail in connection with Kazi Mohammadpur (K.M.P) P.S. Case No. 443 of 2018, for the offence punishable under Sections 379 and 420 of the Indian Penal Code and Section 66(C) and 66 (D) of the Information Technology Act. The prosecution case, in brief, is that accused persons named in the F.I.R., including the petitioner, snatched ATM Card of the informant and have withdrawn Rs. 56,000/- or transferred into another account. The informant has identified the petitioner, namely, Golu Singh @ Aditya Kumar and other

Patna High Court CR. MISC. No.38569 of 2021(2) dt.03-01-2022 2/3 co-accused Pappu Kumar @ Pappu Sahni through photograph. Learned counsel appearing on behalf of the petitioner submits that a joint compromise petitioner has been filed in this case. He further submits that, although, the cognizance has been taken under Section 66(C) and 66(D) of the Information Technology Act, but the same is bailable in nature. He further submits that seeing the period of custody of the petitioner the petitioner be released on bail.

Learned A.P.P. for the State has opposed the prayer for bail.

Having heard the rival submissions, perused the F.I.R. and the impugned order, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Muzaffarpur in connection with Kazi Mohammadpur (K.M.P) P.S. Case No. 443 of 2018, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.38569 of 2021(2) dt.03-01-2022 3/3

(3) 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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T