Ghuti @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45937 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Ghuti @ Abhishek Kumar Son of Ranjeet Ram @ Ranjeet Singh Resident of Village - Mohabbatpur, P.s.- Shekhopur Sarai, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-12-2022 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120B/34 of the Indian Penal Code. Allegation against the petitioner is that he is a member of Cyber crime gang and involved in alluring persons in the name of allotment of dealership.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely

Patna High Court CR. MISC. No.45937 of 2022(3) dt.12-12-2022 2/3 implicated in the present case. He further submits that the name of the petitioner has come on the basis of confessional statement of co-accused namely Sudhanshu Kumar @ Sittu Kumar and except the confessional statement of co-accused, no cogent material has come during investigation against the petitioner. He further submits that the petitioner has no role at all with the alleged crime and the petitioner has been falsely implicated only on the basis of confessional statement of co-accused. Learned APP for the State has opposed the prayer for bail of the petitioner but fairly submits that no cogent material has come during investigation against the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Shekhopur Sarai P.S. Case No.

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.45937 of 2022(3) dt.12-12-2022 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T