Allowed¶7

Vijay Kumar v. the State of Bihar

Patna HC16 Jul 2024CR. MISC./16352/2024

Case brief

AI extract

What is this about?

Patna High Court, Chandra Prakash Singh, J. (oral order, 16-07-2024), CRL. MISC./Criminal Miscellaneous No. 16352 of 2024: regular bail ALLOWED for Vijay Kumar, Gaurav Kumar and Saurav Kumar in Korma P.S. Case No. 159 of 2023 (Sheikhpura) under Ss. 419, 420, 120(B)/34 IPC and Ss. 66(C), 66(D) I.T. Act, 2000 (alleged fraudulent UPI withdrawals of Rs.84,000/-); custody since 19.12.2023; bail-bond Rs.20,000/- each with two like sureties; conditions - daily court attendance and liberty to prosecute for cancellation on similar future involvement.

What did the court decide?

All three petitioners enlarged on regular bail on furnishing bail-bond of Rs.20,000/- each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sheikhpura, subject to conditions of regular appearance and future good conduct. ¶7

Vijay Kumar Vs the State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners (Vijay Kumar, Gaurav Kumar and Saurav Kumar) should be enlarged on regular bail in connection with Korma P.S. Case No. 159 of 2023.

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Court's answer

Considering the facts and circumstances of the case as well as the period of custody, the petitioners are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sheikhpura.

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Ratio / Principle

Bail is conditional on the petitioners remaining physically present before the learned Court below on each and every date; failure on two consecutive dates without reasonable cause renders their bail bonds liable to cancellation.

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Key takeaways

If the petitioners are found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of their bail bonds.ratio¶6

Detailed headnote1 paragraphs

Criminal Miscellaneous (bail) - High Court of Judicature at Patna (Hon'ble Mr. Justice Chandra Prakash Singh, J.), oral order dated 16-07-2024: Regular bail granted to petitioners Vijay Kumar, Gaurav Kumar and Saurav Kumar in connection with Korma P.S. Case No. 159 of 2023 dated 18.12.2023 (District Sheikhpura), registered for offences punishable u/ss 419, 420, 120(B) read with section 34 of the Indian Penal Code and Section 66(C) and 66(D) of the I.T. Act, 2000, arising out of the alleged withdrawal of Rs.84,000/- from the informant's State Bank account on eight occasions through U.P.I. Weighing the facts and circumstances and the period of custody (since 19.12.2023), the Court directed the petitioners to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, imposing conditions that the petitioners remain physically present before the learned Court below on each and every date (failure on two consecutive dates without reasonable cause making the bail bonds liable to cancellation) and that the prosecution be at liberty to move for cancellation of the bail bonds if the petitioners are found involved in similar offences in future. The application stands allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 16352 of 2024

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Arising Out of PS. Case No.-159 Year-2023 Thana- KORMA District- Sheikhpura

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======================================================

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Vijay Kumar Son Of Dilip Kumar Resident Of Village - Gola Road (Katra), P.S. And District - Sheikhpura

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Gaurav Kumar Son Of Subodh Prasad @ Subodh Kumar Resident Of Village - Puranka Ma, P.S. And District - Sheikhpura

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Saurav Kumar Son Of Subodh Kumar @ Subodh Prasad Resident Of Village - Puranka Ma, P.S. And District - Sheikhpura

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Vishnu Deo Pd. Mahto Son Of Late Hardeo Mahto Resident Of Village - Chaurhi, P.S. - Korma, District - Sheikhpura

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Pankaj Kumar, Adv. For the Opposite Party/s : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 16-07-2024 Heard learned counsel for the petitioners and learned

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A.P.P for the State.

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2 . The petitioners has preferred this application for grant of regular bail in connection with Korma P.S. Case No. 159 of 2023 dated 18.12.2023 registered for the offences punishable u/ss 419, 420, 120(B) read with section 34 of the Indian Penal Code and Section 66(C) and 66(D) of the I.T. Act, 2000.

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3 . As per the prosecution case, some unknown persons have alleged to have withdrawn Rs.84,000/- from the State

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Patna High Court CR. MISC. No. 16352 of 2024(4) dt.16-07-2024 2/3

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Bank account of the informant on eight different times, which has not been done by the informant. It is further alleged that the said withdrawal has been done through U.P.I. of which the petitioner have no knowledge.

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4 . Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the FIR. The name of the petitioners have sprung up in this case only on suspicion. There is general and omnibus allegation against the petitioners. Nothing have been recovered from the conscious possession of the petitioners. The cash which has been recovered from the house of the petitioner nos. 2 and 3 is of Rs.7,30,000/- which is of the petitioner nos. 2 and 3 only. There is no chance of absconding or tampering with the evidence. The co-accused Satish Kumar used to transfer money from his mobile to Deepak Kumar, Sudhir Kumar, Vijay Kumar, Gaurav Kumar and Saurav Kumar. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 19.12.2023 .

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

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6 . Considering the aforesaid facts and circumstances

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Patna High Court CR. MISC. No. 16352 of 2024(4) dt.16-07-2024 3/3

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of the case, as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Korma P.S. Case No. 159 of 2023 with a condition/s:-

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( i ). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners are liable to cancelled.

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( ii ). If the petitioners are found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of their bail bonds.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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sadique/-

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U T

Vijay Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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