Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7947 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- KAKO District- Jehanabad ====================================================== Abhishek Kumar Son of Pankaj Singh, R/O Village- Tungi, P.S.- Hisua, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-08-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Kako P.S. Case No.151 of 2020 instituted for the offence under Sections 379 and 420 of the Indian Penal Code.

It is alleged that the petitioner has committed fraud

Patna High Court CR. MISC. No.7947 of 2021(4) dt.16-08-2021 2/3 and withdrew money from different ATM booths after exchanging ATM Cards from three different ladies. Learned counsel for the petitioner submits that the petitioner has only one criminal antecedent. He has falsely been implicated in this case merely on suspicion. The petitioner has not been put on T.I.P. He is in custody since 02.08.2020. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M 1st, Jehanabad in connection with Kako P.S. Case No.151 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No.7947 of 2021(4) dt.16-08-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) Harish/- U T