Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.824 of 2020 Arising Out of PS. Case No.-117 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== RAKESH KUMAR, S/o Ramishwar Mahto @ Ram Sharan Mahto, R/o village- Varith, P.S.- Katari Sarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 419, 420, 467, 568, 471 of the Indian Penal Code and Section 66 of I.T. Act. Prosecution case is that on 23.05.2019, in course of patrolling duty, the informant and other police official received information to the effect that Raj Kumar Yadav, Jitendra Kumar and five others were engaged in cheating on allurement of giving price on the basis of hacked order sheet, in which, forged name and address of customer of company were detailed. Thereafter, informant along with other police personnel reached at village Barith and surrounded mango orchard then on seeing the police party, 7-8 persons started to flee away but on chased, two persons were apprehended, who disclosed their names as Raj Kumar Yadav and Jitendra Kumar. On search of the orchard, eight pages of order sheets were recovered and apprehended persons disclosed the

Patna High Court CR. MISC. No.824 of 2020(2) dt.24-02-2020 2/2 name of their three associates including the petitioner, who succeeded to flee away.

Learned counsel for the petitioner submits that the petitioner was not apprehended at the spot and his name has come in the confessional statement of co-accused namely Raj Kumar Yadav and Jitendra Kumar. The petitioner has got no criminal antecedent. The similar situated co-accused have been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 12.07.2019 in Cr. Misc. No. 33045 of 2019. In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Nalanda at Biharsharif, in connection with Giriyak (Katrisarai) P.S. Case No. 117 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T