Prema Nand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34031 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- SHEIKHOPUR SARAI District- Sheikhpura ====================================================== Prema Nand Kumar S/o Jang Bhadur Mahto @ Jang Bahadur Mahto Resident of Village- Panchi, P.S.- Shekhopur Sarai, District- Sheikhpura. ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shekhopur Sarai P.S. Case no. 28 of 2022 instituted for the offence under Sections 419, 420, 467, 468, 471, 120B/34 of the Indian Penal Code.

As per allegation in the FIR, when the informant got secret information about Cyber Crime then he along with police officials reached at the place of occurrence. After seeing police party the accused persons tried to flee away from there, thereafter one person was arrested who disclosed the name of the petitioner.

Patna High Court CR. MISC. No.34031 of 2022(2) dt.24-11-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case on basis of mere suspicion. The name of the petitioner has been disclosed in this case on confessional statement of the co-accused, namely, Nitish Kumar who was arrested on spot which has got no evidentiary value in the eye of law. There is no specific overt act against the petitioner and nothing incriminating article has been recovered from his conscious possession.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Shekhopur Sarai P.S. Case no. 28 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura/concern court subject to the conditions as laid down

Patna High Court CR. MISC. No.34031 of 2022(2) dt.24-11-2022 3/3 under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T