Mukesh Kumar Gupta @ Munna Afat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57020 of 2017 Arising Out of PS.Case No. -450 Year- 2017 Thana -KOTWALI District- PATNA ======================================================
1. MUKESH KUMAR GUPTA @ MUNNA AFAT Son of late Surendra Prasad @ Surendra Prasad Gupta Resident of Village Ahiyachak Katrisarai, P.S. Katrisarai, District Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.
The petitioner is apprehending his arrest in connection with Kotwali P.S. 450 of 2017 registered for offences punishable under Sections 417, 418, 419, 420 and 120 (B) of the Indian Penal Code.
From the written report it appears that there is specific allegation against one Suman Singh, who called the informant through his mobile to deposit Rs. 20,000/- in the account of Examination Board for passing in the T.E.T. Skill Test-2017. The name of this petitioner has come during investigation on the confessional statement of co-accused Nitish Kumar. In the written report, it is mentioned that Suman Singh made demand of money and also gave the account No. 20363928072, IFSC Code 0003611 for depositing the aforesaid
Patna High Court Cr.Misc. No.57020 of 2017 (2) dt.01-12-2017 2/2 amount.
Learned Additional Public Prosecutor opposes the prayer of bail.
Accordingly, prayer of Anticipatory bail of petitioner is allowed and in the event of his arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each in connection with Kotwali P.S.Case No. 450 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Patna, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other conditions:
(1) bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the Court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner 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 petitioner. (Sanjay Priya, J) Sudha/- U T