Vikash Roushan @ Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30555 of 2023 Arising Out of PS. Case No.-28 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Vikash Roushan @ Roushan Kumar Son Of Tiranju Prasad @ Miyan Jee @ Abhimanyu Prasad Singh R/O-Panchi, P.S.-SHEKHOPUR Sarai, Distt.- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 28 of 2022 registered for the offence punishable under Sections 419, 420, 467, 468, 471, 120(B) / 34 of the Indian Penal Code.

As per prosecution case, when the informant got secret information about Cyber Crime then he along with police officials reached at the place of occurrence. After seeing police party, the accused persons tried to flee away from there, thereafter one accused namely Nitish Kumar was arrested who disclosed the name of other co-accused person including the petitioner as his associates.

Patna High Court CR. MISC. No.30555 of 2023(2) dt.13-06-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of the confessional disclosure of co-accused, namely, Nitish Kumar. There is no recovery from the petitioner. Further, he has submitted that no complaint has been filed by any of the victim who has been allegedly subjected to cheating. He also submitted that similarly situated co-accused persons, namely, Nitish Kumar, Prema Nand Kumar and Tiranju Prasad @ Tiranju Mahto have been granted bail by the Coordinate Bench of this Court vide orders dated 18.10.2022, 24.11.2022 and 28.02.2023 in Criminal Misc. No. 21476 of 2022, Criminal Misc. No. 34031 of 2022 and 2394 of 2023 respectively. He has two criminal antecedents out of which in one case he is on bail. Petitioner is in jail custody since 21.03.2023. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in connection with Sheikhpura P.S. Case No. 28 of

Patna High Court CR. MISC. No.30555 of 2023(2) dt.13-06-2023 3/3 2022 with subject to the following conditions:- (i) The petitioner will cooperate in conclusion of the trial (ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of the trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Sunil Dutta Mishra, J) ashutosh/- U T