Gena Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13654 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Gena Kumar, Son of Late Yugal Prasad,

2. O.P. Kumar @ Opi Kumar, Son of Anup Mahto,

3. Manish Kumar, Son of Jai Prakash Prasad,

4. Shiv Prasad @ Shiv Kumar Prasad, Son of Late Bishundeo Prasad,

5. Bablu Kumar @ Piush Kumar Puskar, Son of Kapildeo Prasad (Tarbabu), All resident of Village- Paingri, P.S.- Warsaliganj, Dist- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Warisaliganj P.S.Case no.8 of 2018 , registered for offences punishable under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Section 66(C)/66(d) of the I.T. Act. Allegation against the petitioners is that the other coaccused persons are running a fake Scheme "Chehra Pahchano, Inam Pao", the police raided the place, however, the petitioner succeeded in fleeing away from the place of occurrence. Submission of the learned counsel for the petitioners is that nothing specific has been attributed against him and other coaccused have been given privilege of anticipatory bail by this

Patna High Court Cr.Misc. No.13654 of 2018 (2) dt.10-04-2018 2/2 Court, vide order dated 27.2.2018 passed in Cr. Misc. No.10871 of 2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five 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 condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T