Patna High Court - Orders
Vishal Anand vs The State Of Bihar on 2 June, 2020
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12624 of 2020
Arising Out of PS. Case No.-101 Year-2019 Thana- KOTWALI District- Patna
======================================================
VISHAL ANAND S/o Late Arun Kumar Rai @ Arun Kumar Resident of
Mohalla Chitkohra Vishnupuri, Anishabad, P.S.- Gardanibagh, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilesh Kumar
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 02-06-2020The matter has been taken up through virtual court proceeding.
Heard learned counsels for the parties.
The present application has been filed for grant of bail in a case registered for the offences punishable under Sections 417, 418, 419, 420 and 120B of the IPC and Sections 65 and 66
(b)(c) of the Information Technology Act, 2000.
The prosecution case is that the Registry of the Patna High Court was informed by a Sr. Programmer that during security cheque, it was found that a fake website of the Patna High Court has been created, which appears to be replica of the original website of the Patna High Court. On detection of Patna High Court CR. MISC. No.12624 of 2020(2) dt.02-06-2020 2/4 forgery, fake website was offloaded, but subsequently another fake website of the Patna High Court was created, leading to registration of another case being Kotwali P.S. Case No. 336 of 2019. On the fake website, result with regard to appointment of peon in the Patna High Court was published. The FIR was lodged against unknown persons, but subsequently, during investigation, name of the petitioner sprang up when he made confession that fake website was created by him to dupe people.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. His name sprang up during investigation and there is no recovery from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petitioner that except these two cases, the petitioner is not having any criminal antecedent. It is further submitted that the petitioner is languishing in custody since 15.07.2019 and the investigation has already been concluded. Moreover, similarly situated co-accused Dheeraj Kumar has been granted bail by a co-ordinate bench of this Court, vide order dated 04.02.2019, passed in Cr. Misc. No. 67454 of 2019.
Learned counsel for the state submits that the petitioner and other co-accused persons tried to cheat the people by creating a fake website of the Patna High Court. Patna High Court CR. MISC. No.12624 of 2020(2) dt.02-06-2020 3/4 Considering the fact that investigation has already been concluded, period under custody and similarly situated co- accused has been granted bail by a co-ordinate bench of this Court, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned CJM, Patna in connection with Kotwali P.S. Case No. 101 of 2019.
However, in view of the present pandemic COVID- 19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode.
The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties including one surety given at the time of provisional bail of the like amount each to the satisfaction learned CJM, Patna in connection with Kotwali P.S. Case No. 101 of 2019.
The learned Court below will be at liberty to extend the period of provisional bail if the lockdown is not over in next three months.
Patna High Court CR. MISC. No.12624 of 2020(2) dt.02-06-2020 4/4 However, if the petitioner defaults for three consecutive occasions during trial, the learned court below will be at liberty to cancel the bail bonds of the petitioner.
(Dinesh Kumar Singh, J) Amrendra/-
U T