Rajesh Kumar @ Rajesh Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31502 of 2018 Arising Out of PS.Case No. -449 Year- 2017 Thana -KOTWALI District- PATNA ======================================================
1. Rajesh Kumar @ Rajesh Prasad, S/o Om Mahto,
2. Rajesh Paswan S/o Chhote Lal Paswan,
3. Bibhash Kumar S/o Ramnandan Prasad @ Ram Nandan Mahto,
4. Subhash Kumar @ Pitamber Kumar, S/o Ramnandan Prasad @ Ram Nandan Mahto, All are residence of Vill.- Rahincha, P.S.- Shekhopur, Sarai, District- Shekhpura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 The petitioners are apprehending their arrest in connection with Kotwali P.S. Case No. 449 of 2017, registered for offences punishable under Sections 417, 418, 419, 420, 120(B) of the Indian Penal Code and Section 66(A), 66(D) of I.T. Act. Allegation as per F.I.R is that one Anjani Kumari was called on mobile and was asked to pay bribe of Rs. 25,000/- to get her pending result of TET cleared.
It has been submitted on behalf of the petitioners that they have falsely been made accused in this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitoners.
Patna High Court Cr.Misc. No.31502 of 2018 (3) dt.27-06-2018 2/3 Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 449 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.31502 of 2018 (3) dt.27-06-2018 3/3 prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T