Arvind Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.448 of 2018 Arising Out of PS.Case No. -512 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================
1. Arvind Kumar, son of Naresh Prasad, resident of Village- Nauma, P.S.- Asthama, District- Nalanda.
2. Rishu Pandey @ Rishikesh Pandey, son of Ramkumar Pandey, resident of Village- Debla, P.S.- Kusumbha, District- Sheikhpura.
3. Sonu Kumar, son of Chandeshwari Mistri, resident of Village- Kadirganj, P.S.- Nawada (Town), District- Nawada.
4. Rajiv Kumar @ Rajiv Kumar Ram @ Mantu, son of Misri Ram, resident of Village- Jiyan Bigha, P.S.- Sheikhpura, District- Sheikhpura.
5. Kundan Kumar Pandey, son of Jai Prakash Pandey, resident of VillageDebla, P.S.- Kusumbha, District- Sheikhpura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners, who are in custody, seek bail in connection with Town P.S. Case No. 512 of 2017 registered for the offence punishable under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code.
FIR has been lodged on the basis of self statement of S.H.O. of Begusarai Town Police Station. He stated that on 19.09.2017 at 6.30 p.m. while he was performing his duty of vehicle checking, he got an information that a group of persons is
Patna High Court Cr.Misc. No.448 of 2018 (2) dt.12-01-2018 2/3 trying to cheat some persons in the name of examination of Bihar School Examination Board and also Home Shop 18. In the meantime, he intercepted a motorcycle on which three persons were sitting. They tried to escape but were apprehended. During search they revealed their name and on search ATM cards, Admit cards, list of persons with phone numbers etc. were recovered from their possession. Seizure list was prepared and on their confession two other persons were also intercepted and on search mobile phones, lap-top, cheque book etc. were recovered from their house. All the accused persons including petitioners were alleged to have cheated the examinees of Bihar School Examination Board and some consumers of Home Shop 18.
It is submitted by the learned counsel for the petitioners that the petitioners have been roped in the present case mere on suspicion. From the articles recovered from their possession, it is not clear that they have been used to cheat any body. It is further submitted that the petitioners are poor students and they do the work of delivery boy for their education and livelihood. The petitioners are innocent having no criminal antecedent and they are languishing in custody since 20.09.2017.
Patna High Court Cr.Misc. No.448 of 2018 (2) dt.12-01-2018 3/3 released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Begusarai, in connection with Town P.S. Case No. 512 of 2017.
(S. Kumar, J) veena/- U T