Gourav Kumar @ Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32288 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Gourav Kumar @ Gaurav Kumar son of Sri Navin Singh R/o Village - Dhanwara, P.S. Akbarpur, Dist - Nawada.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Nawada Town P.S.Case No. 102 of 2017 registered for the offences punishable under Sections 420. 379, 467, 468 and 414 of the Indian Penal Code.
Allegation against the petitioner is of recovery of seven ATM cards from his possession, which are in the names of different persons of Punjab National Bank and State Bank of India.
It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case at the instance of informant and other accused persons because of the fact that there is love affairs between the petitioner and Rikki Kumari and for that a separate case has been lodged for kidnapping and the victim girl in her statement has denied the prosecution case. It has also been submitted that there is no allegation of withdrawal of money from the ATMs and he is in custody for five months. Heard learned APP also, who could not controvert the
Patna High Court Cr.Misc. No.32288 of 2017 (3) dt.03-08-2017 2/2 submission that there is no withdrawal of money from the ATMs. Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S.Case No. 102 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) spal/- U