Sikandar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9776 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- BEUR District- Patna ====================================================== SIKANDAR MANDAL S/O LATE TEK LAL MANDAL R/O VILLAGE PANDANIYA P.S. AHILYAPUR DISTRICT GIRIDIH JHARKHAND ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under sections 379, 420 of the Indian Penal Code and section 66 of I. T. Act. As per FIR, one Ramesh Kumar made a call on mobile no. 7903113005 on 23.04.2020 at 3 p.m, to informant by his mobile no. 6289405630 stating therein that Google Pay" of informant needs to be activated. Informant activated the same. Ramesh Kumar asked OTP number from the informant which he stated also. Thereafter said Ramesh Kumar informed the informant that his Google pay has become active. After some time money was debited from informant's account without being

Patna High Court CR. MISC. No.9776 of 2021(3) dt.19-07-2021 2/3 his knowledge and thus, cheated the informant. It is submitted on behalf of the petitioner that entire allegation of fraudulent withdrawal is against co-accused Ramesh Kumar who cheated the informant by sharing his OTP during activating Google pay App. Neither petitioner has been arrested on the spot nor anything has been recovered from his possession. It is further submitted that petitioner has been remanded in this case on the basis of confession and is in custody since 02.09.2020. Investigation is complete. Learned counsel for the State opposes the prayer for bail.

Considering the rival submissions and materials on record this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Patna in Beur P.S. Case no. 109/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.9776 of 2021(3) dt.19-07-2021 3/3

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

(Prabhat Kumar Singh, J) s.hassan/- U T