Aditya Raj @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13013 of 2020 Arising Out of PS. Case No.-401 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== ADITYA RAJ @ BITTU KUMAR Son of Masudan Prasad Resident of Village - Jean Bigha, P.S.- Sheikhpura (Kosumbha), Distt.- Sheikhpura. ... ... Petitioner.
Versus
1.
THE STATE OF BIHAR.
2.
Indian Bank Sheikhpura Branch Sheikhpura.
... ... Opposite Parties.
====================================================== Appearance :
For the Petitioner :
Mr. Bipin Kumar, Advocate.
For the State :
Mr. Shyameshwar Dayal, A.P.P.
For the Indian Bank :
Dr. Binay Kumar Singh, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-09-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the Indian Bank, through Video Conferencing.
The petitioner seeks bail in connection with Sheikhpura Police Station Case No.401 of 2019 registered under Sections 420, 467, 468 and 471 of the Indian Penal Code. The accusation is that on 16.09.2019 at about 11.45 A.M., one boy came in the Indian Bank, Sheikhpura Branch, Sheikhpura, where the informant Kumar Bimal Chandra being the Branch Manager of that Bank was present, to get his mobile number changed. The aforesaid boy was identified by the Bank staff, who asked that from the account of this boy, several
Patna High Court CR. MISC. No.13013 of 2020(6) dt.21-09-2020 2/3 innocent persons are being cheated. Thereafter, the informant and others tried to catch hold of that boy but that boy started to flee away, however, at some distance, he was apprehended. On search of the pocket of that boy, Adhar-Card and Pan-Card and Registration Certificate, in the name of Navin Kumar, were found, on which address was mentioned as "S/o Kailash Prasad, at Baraini, P.O. Neekpur, P.S. Nimchak Bathani, District-Gaya, AP Nalanda, Bihar. Thereafter, the informant handed over that person to the staff Saryu Singh along with Identity card and mobile phone. The informant further claimed that on 27.08.2019, he had received a letter from Cyber Crime Police Station-Kotwali, Tikamgarh (M.P.)
to the effect that a person in the name of Aditya Raj, said to be the petitioner, having Account No.6702476092 used to cheat the several innocent persons and he also received E-mail on 30.08.2019 that from the aforesaid account number, someone has cheated to one Naresh Shrivastava by withdrawing his cash Rs.1,35,000/-. The person in the name of Aditya Raj had got opened the account in his Bank on 10.12.2018 submitting Adhar No.423000745749 and PAN No.OPLPR9223F.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this
Patna High Court CR. MISC. No.13013 of 2020(6) dt.21-09-2020 3/3 case. Learned counsel for the petitioner submitted at the Bar that while the petitioner is accused in two other cases, as detailed in paragraph-3 to the supplementary affidavit filed on behalf of the petitioner but in those cases, the petitioner is on bail. In the present case, the petitioner is in custody since 17.09.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura Police Station Case No.401 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner.
(Rajendra Kumar Mishra, J) P.S./- U T