Patna High CourtCR. MISC./50239/2018bail granted

Rupak Kumar Ojha v. The State Of Bihar

2018-09-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50239 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- GANDHIMAIDAN District- Patna ====================================================== Rupak Kumar Ojha S/o Kishori Prasad Ojha, R/o Vill.- Kurmi Dih Pathar, P.S.- Madhupur, District- Deoghar (Jharkhand), At present Ganga Bihar Colony, Basi Chak, C/o Pankaj Singh, P.s.- Beur Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jharkhandi Upadhyay For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 420, 379/34 of the Indian Penal Code and Section 66(c) of the I.T. Act.

Prosecution case, in short, is that the accused person were indulged in cheating and forgery by sending messages through the mobile of the customers of the informant company. It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.3.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been

Patna High Court Cr.Misc. No.50239 of 2018(2) dt.13-09-2018 2/2 made accused due to mistake of fact. There is no substantive evidence to suggest the implication of the petitioner in this case. The petitioner has not used the mobile number in question nor the said mobile number in question belongs to the petitioner. The petitioner has remained in custody for six months. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -VI, Patna in connection with Gandhi Maidan P.S. Case No. 66 of 2018.

(Sudhir Singh, J) Pankaj/- U T