Ravi Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14638 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -WARSALIGANJ District- NAWADA ======================================================
1. Ravi Kumar, Son of Pradeep Prasad,
2. Raket Kumar @ Rauket Kumar, Son of Sri Anil Paswan
3. Simran Kumar @ Shibaran Kumar @ Simraj Son of Sri Ashok Paswan, All of village Paingari, P.S. Warisaliganj, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikash Kumar For the Opposite Party/s Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in Warisaliganj P.S. Case No. 8 of 2018 instituted for the offences under sections 419, 420, 467, 468, 471, 120 (B) of the Indian Penal Code, read with sections 66-C/66-D of the Information Technology Act.
3. In the written report it is alleged that co-accused Saket Kumar was apprehended by the police who stated that Gautam Kumar was the gang leader and 50 members of this gang used to cheat the persons for providing them gift after obtaining Data Base of the different company. The petitioners are also
Patna High Court Cr.Misc. No.14638 of 2018 (2) dt.05-04-2018 2/3 named amongst those persons.
4. It has been submitted that allegation against all the three petitioners are omnibus and similarly situated co-accuseds have been allowed anticipatory bail by different coordinate Benches of this Court in Cr. Misc. Nos. 10871, 11204, 11751, 13654 and 15411 of 2018. The case of the petitioners stands on similar footing and so they also deserve anticipatory bail.
5. Considering the case of petitioners on similar footing, facts and circumstances, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Warisaliganj P.S. Case No. 8 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Nawada, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their
Patna High Court Cr.Misc. No.14638 of 2018 (2) dt.05-04-2018 3/3 bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Kumar, J) Mahesh/- U T