Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63484 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -BAHADURPUR District- PATNA ====================================================== Vijay Kumar, Son of Anandi Prasad, resident of Village Sansar Pokhar, Ward No. 19, P.S. and Dist.- Lakhisarai, at present Address- R/o VillageVishari Asthan, Panchana Road, P.S. & Dist- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and the learned APP.

The petitioner is in custody since 31.05.2017 in connection with Bahadurpur P.S. Case No. 101 of 2017 for the offence under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Section 66 C of the Information Technology Act. Mr. Prabhat Ranjan Singh, learned counsel appearing on behalf of the petitioner submits that the present case has been lodged on the information of the Police Inspector-cum-SHO, Bahadurpur police station. From perusal of the fardbeyan, it appears that he received secret information that certain persons are engaged in opening Bank account in different Banks, on fake name, and they used to dupe the innocent people in the name of providing prize and in a big way they are involved in fraudulent act of operating Bank account through ATM and Debit Cards. He

Patna High Court Cr.Misc. No.63484 of 2017 (2) dt.10-01-2018 2/2 further submits that at the time of occurrence Rs. 64,500/- and four ATM Cards of the State Bank of India were recovered from the possession of petitioner. He referred to Annexure-2 that at the relevant time, the petitioner was engaged in purchasing in connection with marriage of his sister and, as such, the currency to the tune of Rs.3,00,000/- and odd was available with the petitioner. He submits that the currencies were withdrawn by the petitioner from different ATMs in connection with purchase of goods and materials of his sister. He submits that the petitioner has remained in jail for nearly 7 months.

Considering the fact that the petitioner has remained in jail for nearly 7 months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Patna City, Patna in connection with Bahadurpur P.S. case no. 101 of 2017 with the following conditions: (i) The bailors would be the family members of the petitioner. (ii) The petitioner shall extend full cooperation in conclusion of the trial and will appear each and every date fixed by the trial court, and (iii) He will not be allowed to operate Bank account without the permission of the Court. (Anil Kumar Upadhyay, J) Uday/- U T