The High Court at Patna granted bail to the petitioner, an employee accused in a case involving cheating, forgery, and IT Act offenses related to stolen mobiles with changed IMEI numbers, upon furnishing a bond and sureties.
Petitioner enlarged on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22237 of 2018
Arising Out of PS.Case No. -87 Year- 2018 Thana -MUZAFFARPUR TOWN District-
MUZAFFARPUR
====================================================== Arup Kumar Ghosh @ Arup Ghosh, S/o Subhash Ghosh, R/o MohallaLakaridhahi Chandwara, P.S. Town, Distt-Muzaffarpur.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Prakash Verma For the Opposite Party/s : Mr. Sri Satyavarat Verma ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
Petitioner is languishing in judicial custody since 10.02.2018 in connection with Town P.S. Case No. 87 of 2018 for offences punishable under Sections 414, 420, 467, 468, 471, 216(k) and 292 of the Indian Penal Code and Sections 65, 66(D), 67, 67(a) of the I.T. Act, 2000.
The prosecution case, as lodged by the police personnel, is that on information that four mobile shops are dealing in stolen mobiles by changing IMEI of stolen mobiles and putting on a new IMEI, the shop of one co-accused Ajit
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Kumar was raided and the petitioner, who was the employee, was found in the shop with other employees. It is alleged that the laptop was recovered in which various methods of changing the IMEI of the stolen mobiles was shown and stolen mobiles were also recovered.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and was just an employee of the said shop. He submits that one of the co-accused Sunny Kumar has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 20069 of 2018 vide order dated 06.04.2018.
However, learned APP for the State opposes the prayer for bail stating therein that the stolen mobiles was found and the petitioner is alleged to have been involved in the said offence.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 87 of 2018, subject to the condition that the petitioner will cooperate in the investigation and
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provide all necessary information during investigation and will not tamper with the evidence or prosecution witnesses.
(Nilu Agrawal, J)
Devendra/-
U T
2 issues framed by the court
Whether the petitioner, an employee accused of dealing in stolen mobiles with tampered IMEI, is entitled to bail.
Whether the co-accused's bail obtained from a coordinate bench affects the current bail application.
Arup Kumar Ghosh @ Arup Ghosh
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
