Manish Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11751 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Manish Kumar

2. Nitish Kumar Both sons of late Muni Prasad, resident of village- Balwapar (Chakwai) P.S. Warisaliganj, District- Nawada, presently residing in their nanihal in Village Paingari, Nati of Kapildeo Prasad (Tar Babu) P.S. Warisaliganj, District- Nawada

3. Gorka Kumar @ Raj Kumar Chaudhary @ Manish Kumar S/o Surendra Prasad, resident of village Paingari, P.S. Warisaliganj, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prasad Singh For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Warisaliganj P.S.Case No. 08 of 2018 registered under Sections 419, 420, 467, 468, 471, 120-B of the Indian Penal Code and Sections 66(c) and 66(d) of the Information Technology Act. It is submitted by the learned counsel for the petitioners that no definite allegation has been leveled against the petitioners in the First Information Report and only on the basis of vague allegation made against altogether 36 named accused and 14 unnamed the FIR has been instituted under various provisions

Patna High Court Cr.Misc. No.11751 of 2018 (2) dt.27-02-2018 2/2 of the Indian Penal Code and Information Technology Act. He submited that even on the basis of the allegations made, the ingredients of the offences alleged are not attracted against the petitioners. He also submitted that by an order of a Bench of this Court dated 27.02.2018 passed in Cr.Misc. No. 10871 of 2018, co-accused Kumud Prasad @ Kumud Ranjan, Lokesh Kumar and Fantush Kumar have been granted bail.

Regard being had to the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Nawada in connection with Warisaliganj P.S.Case No. 08 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T