Chandan @ Biru @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37540 of 2024 Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI District- Sheikhpura ====================================================== Chandan @ Biru @ Chandan Kumar Son of Karu Lal @ Karu Prasad Resident of Village- Shekhopur Sarai, Dist- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rizwanul Haque, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2024 Heard the parties.
2. The petitioner apprehends his arrest in connection with Shekhopur Sarai P.S. Case No. 136 of 2022 for the offence under Sections 419, 420, 467, 468, 471, 406 and 120(B)/34 of the I.P.C. lodged on 17.08.2022 by the informant, Pramod Kumar.
3. As per the prosecution story, on secret information that some miscreants have assembled at 'Shailesh Asthan' to commit cyber crime, the informant along with other police personnel reached there and on seeing the police party, 30-40 accused persons started fleeing away but 3-4 persons were apprehended on the spot who disclosed the names of other accused including the petitioner.
Patna High Court CR. MISC. No.37540 of 2024(2) dt.16-07-2024 2/3
4. It has been contended by the learned counsel for the petitioner submits that petitioners has falsely been implicated in this case and nothing has been recovered from the house of the petitioner and the name of the petitioner transpired by the confessional statement of co-accused Balo Mahto @ Bablu Mahto and the seized recovered item does not belong to this petitioner. Petitioner has got clean antecedent as stated in para-3 of the petition and several other co-accused persons have already been granted anticipatory bail by a Co-ordinate Benches of this Court passed in Cr. Misc. Nos. 7971 of 2023, 2455 of 2023, 40740 of 2023 and 40768 of 2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. Taking into account the aforesaid submissions put forward by the learned counsel for the petitioner as also that some of the co-accused persons have since been granted anticipatory bail by Co-ordinate Benches of this Court, this Court is inclined to grant anticipatory of the petitioner.
7. Let the petitioner be released on bail in the event of his arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the sat-
Patna High Court CR. MISC. No.37540 of 2024(2) dt.16-07-2024 3/3 isfaction of learned C.J.M, Sheikhpura, in connection with Shekhopur Sarai P.S. Case No. 136 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailors should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(Ramesh Chand Malviya, J) saurabhkr/- U T