Dina Nath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61752 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Dina Nath Yadav S/O Late Deep Ram Yadav @ Deep Raj Yadav Resident of Village- Chautarwa, Police Station- Chautarwa, District Bettiah (West Champaran).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pratik, Advocate For the State :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-10-2024 Heard Mr. Pratik learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Bettiah Town P.S. Case No. 250 of 2024 for the offences punishable under Sections 420, 406, 414, 467 and 34 of the Indian Penal Code and section 66(D) of the IT Act, lodged on 06.06.2024 by the informant, Sushil Kumar Singh.
3. As per the prosecution story, the informant alleged that during patrolling duty, came to know about the accused persons cheating online on the basis of fake CSP Centre in the house of Anmol Patel. Accordingly, it reached the house and saw accused persons trying to escape on a motorcycle. Nasib Alam, Mantu Paswan and Dinanath Yadav (petitioner herein) arrested and there is recovery of mobile phone and ATM cards.
Patna High Court CR. MISC. No.61752 of 2024(3) dt.29-10-2024 2/3 Accordingly, the F.I.R.
4. Learned counsel for the petitioner submits that all the mobile/ATM Card/Passports belongs to him. Further, no one has come to make any complain of any fraudulent act. He has remained in custody since 07.06.2024 (paragraph no.15 of the petition). The last submission is that one Mantu Paswan arising out of the same Police Station granted relief in Cr. Misc. No. 69953 of 2024.
5. Learned APP for the State opposes the prayer submitting that the police has made allegation of doing fraudulent in CSP Centre.
6. Considering the aforesaid submission put forward by the parties as also taking note of the fact that no one has come to make any complaint, he is in custody since 07.06.2024, having no criminal antecedent, similar situate accused person has been granted relief as stated, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 250 of 2024, subject to the following
Patna High Court CR. MISC. No.61752 of 2024(3) dt.29-10-2024 3/3 conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in now way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T