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Patna High CourtCR. MISC./3042/2017bail granted

Binod Raut And ORS v. The State Of Bihar

2017-03-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 3042 of 2017 Arising out of P.S. Case No. - 281 Year - 2016 Thana - GIRIYAK District - NALANDA (BIHARSHARIFF) ======================================================

1. Binod Raut, S/o Late Ambika Prasad

2. Mahesh Prasad, S/o Late Shivalak Raut

3. Ajay Chaurasiya, S/o Shiv Nath Chaurasiya, All R/o Vill. - Katri Sarai, P.S. Katri Sarai, Distt. - Nalanda .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420, 120B of the Indian Penal Code, Section 66 of the I.T. Act, 2008, Sections 18(A), 18(B), 18(C), 27(C), 28(A), 27(B)(II), 33 EEC(B), 33(I) of the Drugs and Cosmetics Act, 1940 and Sections 3, 4, 5, 7, 9(A) of the Magic Remedies Act, 1954. Allegation against the petitioners is that in collusion with others they were involved in cheating the people by inducing them to get prize on identification of the photographs as well as by inducing them to purchase fictitious medicine for treatment of particular deceased.

Patna High Court Cr.Misc. No.3042 of 2017 (3) dt.09-03-2017 2/2 Submission of the petitioners is that the case diary would reveal that no one had supported before the police that he was cheated by the petitioners. The petitioners have got no criminal antecedent. Moreover, co-accused Birje Mahto has already been allowed anticipatory bail vide order dated 20.12.2016 passed in Cr. Misc. No. 52157 of 2016.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif/Successor Court in connection with Giriak (Katrisarai) Police Station Case No. 281 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Kundan (Birendra Kumar, J) U T