Vijay Kumar vs The State Of Bihar
2021 Latest Caselaw 3742 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.7789 of 2021
    Arising Out of PS. Case No.-20 Year-2020 Thana- CHAPRA TOWN District- Saran
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Vijay Kumar, aged about 30 years, Male, Son of Raj Bihari Ojha, Resident of Village - Uma Nagar, P.S. - Chapra Muffasil, District - Saran.

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

For the Petitioner/s    :       Mr. Yogesh Chandra Verma, Senior Advocate with
                                Mr. Dhananjay Kumar Tiwary, Advocate
For the State           :       Mr. Atul Chandra, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Yogesh Chandra Verma, learned

senior counsel along with Mr. Dhananjay Kumar Tiwary,

learned counsel for the petitioner and Mr. Atul Chandra, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioner is in custody in connection with

Chapra Town PS Case No. 20 of 2020 dated 08.01.2020,

instituted under Sections 420/467/468/120-B/34 of the Indian

Penal Code.

4. This is the second attempt for bail by the

petitioner as earlier such prayer was rejected by order dated

09.06.2020 passed in Cr. Misc. No. 8357 of 2020.

Patna High Court CR. MISC. No.7789 of 2021 dt.28-07-2021

5. The allegation against the petitioner is that he

had a role in activating the SIM cards on the basis of forged

documents and from which extortion calls were made to various

persons.

6. Learned counsel for the petitioner submitted that

the implication of the petitioner is only on the statement made

by co-accused Manish Jaiswal, who had made the calls from his

mobile set, that the SIM was activated with the help of the

petitioner. Learned counsel submitted that on the papers relating

to issuance of SIM in the present case, the photograph shown is

that of the petitioner, though the name is of someone else. Thus,

learned counsel submitted that if the petitioner had knowledge

and was party to commission of crime using that SIM card, he

would not have put his photograph on the papers so as to be

identified and connected to such crime. It was submitted that

this shows that even the petitioner has been duped as his

photograph finds place on the papers on which the name of

some other person is there to whom SIM card is issued but the

photograph shown is that of the petitioner. It was submitted that

the police have also chargehseeted the petitioner and, thus, the

investigation having been complete, trial will go on in which the

petitioner shall cooperate and no useful purpose shall be served Patna High Court CR. MISC. No.7789 of 2021 dt.28-07-2021

by keeping him behind bars. It was submitted that the petitioner

is in custody since 09.01.2020 having no other criminal

antecedent. It was further submitted that co-accused Manish

Jaiswal, in his confessional statement, has stated that it was the

petitioner who had helped in activating the SIM card from

which the extortion call was made but there is no allegation that

the petitioner was party to the extortion call or was part of the

gang who had made such call and at best he was only party in

activating a SIM card based on forged documents.

7. Learned APP submitted that there has been no

change in the circumstances since the order dated 09.06.2020

rejecting the prayer for bail, except for passage of time.

8. Having considered the facts and circumstances

of the case and submissions of learned counsel for the parties,

let the petitioner be released on bail upon furnishing bail bonds

of Rs. 25,000/- (twenty five thousands) with two sureties of the

like amount each to the satisfaction of the learned Chief

Judicial Magistrate, Chapra at Saran in Chapra Town PS Case

No. 20 of 2020 subject to the conditions (i) that one of the

bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also Patna High Court CR. MISC. No.7789 of 2021 dt.28-07-2021

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioner, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of

hearing to the petitioner.

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T