Guddu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60605 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Guddu Ram, Son of Sant Lal Ram Resident of Village- Bazidpur, P.S.- Shekhopur Sarai, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bajarangi Lal For the Opposite Party/s :
Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406, 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 12.06.2024, he received an information that some miscreants have gathered with an intention of committing cyber fraud. Accordingly, the informant reached the place of occurrence and saw three accused sitting in a garden talking on mobile and accordingly, two persons were apprehended, who disclosed their name as Angrej Kumar and
Patna High Court CR. MISC. No.60605 of 2024(2) dt.30-09-2024 2/3 Rahul Kumar and their mobile phones were seized.
4. The learned counsel for the petitioner submits that petitioner was not apprehended from the spot. It is further submitted that his name transpired in the confessional statement of co-accused in police custody, which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail application and submits that the case relates to cyber fraud and if the privilege of anticipatory bail application is granted to the petitioner, the petitioner may abscond or try to tamper with the evidence, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence..
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Shekhopur Sarai P. S. Case No.81 of 2024,
Patna High Court CR. MISC. No.60605 of 2024(2) dt.30-09-2024 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father namely, Sant Lal Ram.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons and to take all coercive tesps to ensure that petitioner is behind bars.
9. Further, it is made clear that in the event, if chargesheet is filed connecting the petitioner with the offence in that event, the present anticipatory bail order shall loose its effect. 10.
Let a copy of this order be sent to the concerned Police Station through the learned trial Court for its perusal and necessary action.
(Satyavrat Verma, J) vikash/- U T