Mantu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69953 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Mantu Paswan S/o Rambalak Hajra @ Rambalak Paswan R/o VillageMahmadwa, P.S.- Gopalpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-10-2024 Heard the parties.
2. The petitioner is in custody in connection with Bettiah (Town) P.S. Case No. 250 of 2024 for the offence punishable under sections 420, 406, 414, 467 and 34 of the Indian Penal Code and Section 66D of Information Technology 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 center 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 (petitioner) and Dinanath Yadav were
Patna High Court CR. MISC. No.69953 of 2024(2) dt.05-10-2024 2/3 arrested and there is recovery of mobile phones and ATM cards. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the mobile and the three ATM cards belongs to him, the other two has been transplanted by the police to implicate him, he do not have criminal antecedent and it is not the case that anyone has alleged/complained about fraudulent act, he has remained in custody since 07.06.2024 (para 9 of the petition).
5. Learned APP opposes the prayer for bail submitting that allegation is of fraudulently running a CSP Center.
6. Taking into account the aforesaid submissions as also the fact that though allegation is there, no one has come forward to make any complaint about the siphoning of money from his/her account, according to learned counsel for the petitioner, three of the ATM cards recovered/seized besides the mobile, belongs to him, he do not have criminal antecedent and is in custody since 07.06.2024, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C,J., in connection with Bettiah (Town) P.S. Case No. 250 of 2024
Patna High Court CR. MISC. No.69953 of 2024(2) dt.05-10-2024 3/3 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and 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 one year to mark his attendance;
(iv) the petitioner shall in no 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 his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T