Akash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.46483 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46483 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -DARBHANGA District- DARBHANGA ====================================================== Akash Kumar son of Kamal Sah Resident of village Kanti, Ward No.9, P.S. Kanti, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Darbhanga Town P.S.Case No.62 of 2016, for the offences under Sections 66(C) and 66(D) of the Information and Technology Act.

Allegation against the petitioner is that by playing foul, the petitioner has changed the ATM card of the informant and thereafter he withdrew Rs.95,000/- from his account. Submission of the learned counsel for the petitioner is he is not named in the FIR and later on his name has been implicated in this case during the course of investigation of the case and nothing has been recovered from his possession. Heard learned A.P.P. also, who has opposed the prayer for bail stating that on the basis of CCTV footage, collected

Patna High Court Cr.Misc. No.46483 of 2017 (2) dt.20-09-2017 by the I.O. and verified, the petitioner was arrested and there is allegation of withdrawal of Rs.95,000/- against him. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the petitioner may renew his prayer for bail, once the charge is framed in this case. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T