Ambika Prasad And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.41680 of 2016 (4) dt.28-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41680 of 2016 Arising Out of PS.Case No. -216 Year- 2016 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================
1. Ambika Prasad, Son of Late Laxmi Mahto
2. Pintu Raut @ Pintu Kumar Son of Upendra Raut
3. Sanjay Prasad @ Sanjay Kr. Son of Late Kesho Mahto @ Keshav Mahto
4. Manoj Prasad @ Manoj Kumar, Son of Bhagwat Prasad null
5. Mantu Kumar Son of Rampal Prasad
6. Sachin Kumar son of Arjun Prasad All are resident of Village- Mayapur, P.S.- Katarisarai, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Laheri Police Station Case No. 216 of 2016 corresponding to G.R. No. 2663 of 2016, disclosing offences under Sections 420/34 of the Indian Penal Code and 66 of Information & Technology Act. Accusation is of fraud by operating a scheme "Chehra Pehchano Inama Paao".
Learned counsel for the petitioners has submitted that these petitioners are not named in the F.I.R. merely on the confession of co-accused, Sharwan Kumar, who has already been granted regular
Patna High Court Cr.Misc. No.41680 of 2016 (4) dt.28-01-2017 bail by a co-ordinate Bench of this Court in Cr. Misc. No. 46036 of 2016, these petitioners have been implicated in this case. Except the confessional statement of Sharwan Kumar, nothing is on record to make out a case under Section 420 I.P.C. against these petitioners. Moreover, co-accused, Kiran Sinha, has already been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. No. 39988 of 2016. The case of these petitioners are on better footing and hence they deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case and the nature of allegation, let these petitioners, in the event of their arrest or surrender before the Court below within six weeks, be released on 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 Judicial Magistrate,1st Class, Biharshariff, Nalanda in connection with Laheri Police Station Case No. 216 of 2016 corresponding to G.R. No. 2663 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T