Guddu Kumar Singh v. The State Of Bihar Through Economic Offences

Patna High Court Cr.Misc. No.38295 of 2016 (2) dt.30-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38295 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ======================================================

1. Guddu Kumar Singh son of Stayendra Singh Resident of VillageApsarh, P.S.-Warsaliganj, District-Nawada .... .... Petitioner

Versus

1. The State of Bihar Through Economic offences .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party (E.O.U.) : Mr. Akhileshwar Pd. Singh, Sr. Advocate Mr. Rajeev Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner and learned Sr. Counsel for the State.

The petitioner seeks bail in connection with Economic Offence P.S. Case No. 06 of 2016 registered for the offences punishable under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 66 ( c ) and 66 (D) of Information Technology Act. Allegedly, on the basis of advertisement of 'photo pahchano inam pao' the persons were being cheated and then the house of Vijay Kumar Singh was raided from where the petitioner was arrested and from his possession two mobiles were recovered. Submission is of false implication and that and that no offence as alleged is made out against the petitioner. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. The petitioner has been made victim of circumstances and Police atrocity and as such the petitioner deserves

Patna High Court Cr.Misc. No.38295 of 2016 (2) dt.30-09-2016 sympathetic consideration to which learned Sr. Advocate appearing on behalf of Economic Offences Unit opposes the prayer of bail by submitting that chargesheet has been submitted against the petitioner. In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail after completion of six months in custody from the date of his remand in this case on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Economic Offence P.S. Case No.

06 of 2016, subject to the conditions that one of the bailors must be a 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) avin/- U T