Sharwan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47721 of 2022 Arising Out of PS. Case No.-185 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== SHARWAN KUMAR S/o Bahadur Yadav R/o village- Mangror, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52211 of 2022 Arising Out of PS. Case No.-185 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== Amarjeet Kumar Singh @ Amarjit Kumar Son Of Pramod Singh R/O VillageGadi Mangrar, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63291 of 2022 Arising Out of PS. Case No.-185 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== RAMESH SINGH @ RAMESH KUMAR SINGH Son of Shiv Narayan Singh Resident of Village - Chain, P.S.- Jhajha, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 47721 of 2022) For the Petitioner/s :
Mr.Shailesh Kumar Singh,Advocate For the Opposite Party/s :
Mr.Brajendra Nath Pandey, APP (In CRIMINAL MISCELLANEOUS No. 52211 of 2022) For the Petitioner/s :
Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP (In CRIMINAL MISCELLANEOUS No. 63291 of 2022) For the Petitioner/s :
Mr.Shailesh Kumar Singh, Advocate For the Opposite Party/s :
Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
2/4 ORAL ORDER 09-05-2023 Heard Mr. Ajay Kumar Thakur, learned counsel appearing for the petitioners and the learned A.P.P. for the State in these applications.
The petitioners seek bail, who are in custody since 18.06.2022 in connection with Laxmipur P.S.Case No.185 of 2022, F.I.R. dated 17.06.2022 registered for the offence punishable under Sections 419,420,467,468,471,120(B) of the Indian Penal Code and Sections 66(C),66(D), 66(F) of I.T.Act and Sections 13,16,17 of U.P.A. Act.
Allegation against the petitioners is that they were involved in cheating/ cyber crime and lottery. The police arrest the petitioners and searched to petitioner-Amarjeet Kumar and recovered Rs. One Lakh from his possession and from his mobile, Bank Account of Pakistan was found.
Learned senior counsel appearing for the petitioners submits that petitioner-Amarjeet Kumar Singh @ Amarjit Kumar carries one more case other than the present one and petitioners-Ramesh Singh and Sharwan Kumar have clean antecedent. They have falsely been implicated in the present case merely on the basis of the suspicion and the confessional statement of the co-accused persons and self-confessional statement of the petitioners. Further submits that it appears from
3/4 the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioners, namely, Sharwan Kumar and Ramesh Singh. Further submits that some article has been recovered from possession of petitionerAmarjeet Kumar Singh @ Amarjit Kumar but the same is not the incriminating material, the same is belonged to the petitioner and the ATM Card also is of the petitioner and except the confessional statement of the petitioners and self-confessional statement of the co-accused persons, no other cogent material has come during investigation against the petitioners to suggest the involvement of the petitioners in the present occurrence and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 18.06.2022. Learned APP for the State has opposed the prayer for bail of the petitioners.
Considering the aforesaid fact, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Laxmipur P.S.Case No.185 of 2022, with the following conditions:-
(1) Petitioners shall co-operate in the trial and shall be
4/4 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, 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 petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) Nitesh/- U T