Bindeshwar Prasad @ Bindeshwar Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 72294 of 2018 Arising Out of PS. Case No.-295 Year-2018 Thana- Laheri District- Nalanda ====================================================== Bindeshwar Prasad @ Bindeshwar Gope, S/o Late Shukar Bhagat, R/o Mohalla Madadh Colony, P.S. Laheri, District - Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-12-2018 Heard Sri Raj Kishor Prasad, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Laheri P.S. Case No. 295 of 2018 registered for offence under Sections 419, 420, 379, 467, 468, 471 and 120B of the Indian Penal Code and Section 66(D) of I.T.Act (i.e. Information Technology Act, 2000), has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that the F.I.R. was lodged by a police officer, without being informed by anyone as to whether anyone was cheating or not, as if, four students were residing in the house of the petitioner and they were indulged in some crime. Search was made and four students were arrested. From their possession, Laptops,

Patna High Court Cr.Misc. No.72294 of 2018(2) dt.04-12-2018 2/2 mobile phones etc. were recovered. It has been alleged, as if, those four students, in connivance with the petitioner, who is land owner, were involved in case of cheating. It has been reiterated that none has come forward alleging as to whether he was cheated by either of the students, who were residing in the house of the petitioner.

Be that as it may, considering the fact that petitioner is the land-owner as well as the fact that without any complaint the case has been lodged, I do not find any ground to refuse the prayer for anticipatory bail.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Bindeshwar Prasad @ Bindeshwar Gope be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Laheri P.S. Case No. 295 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T