Komal Kumar vs State Of Bihar

Ahsanuddin Amanullah, J

The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

Heard Mr. Pradeep Kumar Sinha, learned counsel for the petitioner and Mr. Pranav Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner is in custody in connection with Kanti (Muzaffarpur) PS Case No. 822 of 2019 dated 05.11.2019 instituted under Sections 406, 420, 467, 468, 471, 411, 413, 414/34 of the Indian Penal Code.

The allegation against the petitioner and three others is that from the car from which they were caught, various incriminating articles relating to fraud of credit cards and ATMs was recovered.

Learned counsel for the petitioner submitted that he was only standing near the vehicle and has been falsely implicated and from his possession nothing has been recovered. It was submitted that there is no criminal antecedent against the petitioner and he is in custody since 07.11.2019. Learned counsel submitted that all the other three co-accused have been granted bail in Cr. Misc. No. 2635 of 2020 on 29.01.2020 and Cr. Misc. No. 7948 of 2020 on 05.02.2020.

Learned APP, from the case diary, submitted that witnesses have supported the prosecution story and from the car from which the petitioner and others were caught, incriminating material, including gadget for cloning ATM cards etc. has been recovered. It was submitted that the petitioner is an active participant in committing such fraud.

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 thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM (West), Muzaffarpur in Kanti (Muzaffarpur) PS Case No. 822 of 2019 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 give an undertaking to the Court that he shall not indulge in any criminal activity. 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.

The application stands disposed off in the aforementioned terms.