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Patna High CourtCR. MISC./34815/2020bail granted

Pawan Kumar v. The State Of Bihar

2021-02-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34815 of 2020 Arising Out of PS. Case No.-128 Year-2020 Thana- KAKO District- Jehanabad ====================================================== Pawan Kumar Son of Lakhan Mahto resident of village- Koiri Tola, Kako, P.s.- Kako, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-02-2021 Heard Mr. Yogesh Chandra Verma, the learned senior counsel for the petitioner, and the learned APP. The petitioner seeks bail in Kako P.S. case No. 128 of 2020 registered u/s 419, 420, 467, 468,471 and 120(B) of the IPC.

In sum and substance allegation against the petitioner is that the petitioner being seller of SIM cards used to click photographs of customer and obtain his OTP and on such he supplied duplicate SIM of original customer to criminals and inmates of jail. It further alleged that petitioner issued one duplicate SIM No. 7739864806 from which caller called Birendra Paswan on his mobile No. 9973595004 and Birendra Paswan was shot dead.

The learned senior counsel for the petitioner submits

Patna High Court CR. MISC. No.34815 of 2020(3) dt.24-02-2021 2/2 that during the course of investigation it transpired that son of Birendra Paswan shot dead Birendra Paswan for getting job on compassionate ground and involvement of the petitioner is not found in murder of Birendra Paswan. The petitioner is in jail for about eight months.

The learned APP, however, opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation made against the petitioner that he used to obtain photographs and OTP of customers and on such supplied duplicate SIM to different persons but for that petitioner is in jail for more than eight months, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Jehanabad in connection with Kako P.S. case No. 128 of 2020.

(Prabhat Kumar Jha, J) BKS/- U T