Vikash Pd. Chourasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10402 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -CHAKAI District- JAMUI ======================================================

1. Vikash Pd. Chourasia, son of Basuki Chourasia, Resident of VillageBhardara, P.S.- Sarva, District- Deoghar (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Indra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Chakai P.S. Case No. 26 of 2015 registered for the offences punishable under Sections 420, 406 and 506 of the Indian Penal Code. Allegedly caller of mobile no. 07545966262 imposing himself as branch manager, asked the code number of ATM of the informant and withdrew amount of Rs. 50,000/- from his account and thereafter threatening was caused to kill him. During investigation the name of the petitioner transpired on the basis of call details and the petitioner confessed his guilt also. Submission is of false implication and nothing has been recovered from conscious possession of the petitioner, without any legal and tangible material,he is suffering in custody, only allegation against the petitioner is that he is involved in

Patna High Court Cr.Misc. No.10402 of 2016 (3) dt.26-04-2016 2/2 supply of SIM to fake persons who are involved in cheating the innocent account holder, the petitioner has got no criminal history and, as such, he deserves sympathetic consideration as he is suffering in custody since 17.01.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri. Lalan Kumar, learned Judicial Magistrate, 1st Cass, Jamui in connection with Chakai P.S. Case No. 26 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T