Gautam Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.12032 of 2017 (2) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12032 of 2017 Arising Out of PS.Case No. -736 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Gautam Kumar son of Late Sunil Singh, R/o mohalla- New Area Patalpuri, P.S.- & District-Nawadah .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nishant Ranjan For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Nagar P.S. Case No. 736 of 2016 registered for the offences punishable under Sections 420, 467, 468 of the Indian Penal Code. Allegedly, on the basis of Photostat copy of Aadhar Card of the informant SIM was issued to a fake person for using the same in illegal act.

Submission is of false implication and that admittedly, the Photostat copy of Aadhar Card is in the name of the informant and that is genuine one, the form on which the SIM was issued also bears the signature of the informant which from necked eye appears not forged one but the petitioner is in custody since 29.12.2016 and accordingly, he deserves sympathetic consideration, chargesheet has already been submitted and there is

Patna High Court Cr.Misc. No.12032 of 2017 (2) dt.27-03-2017 no chance of tampering with the prosecution evidence. The petitioner has got no criminal antecedent.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail 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, Nawadah in connection with Nagar P.S. Case No. 736 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