Ravishankar Kumar @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34948 of 2022 Arising Out of PS. Case No.-240 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== RAVISHANKAR KUMAR @ GOLU KUMAR S/o Brajesh Singh R/o- VillBhagwatpur, P.S.- Kashichak, Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 36231 of 2022 Arising Out of PS. Case No.-240 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== 1.

DILIP KUMAR @ AMIT KUMAR S/o Bipin Singh Resident of VillageBhagwatpur, P.S.- Kashichak, District- Nawada. 2.

Dipu Kumar S/o Bipin Singh Resident of Village- Bhagwatpur, P.S.- Kashichak, District- Nawada.

3.

Prabhat Kumar S/o Late Jitendra Singh Resident of Village- Bhagwatpur, P.S.- Kashichak, District- Nawada.

4.

Bittu Kumar @ Bitto Kumar S/o ------------------ Resident of VillageBhagwatpur, P.S.- Kashichak, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 34948 of 2022) For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary (In CRIMINAL MISCELLANEOUS No. 36231 of 2022) For the Petitioner/s :

Mr.Lalan Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 CRIMINAL MISCELLANEOUS No.34948 of 2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2/5 The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code and Section 66(c) and 66(D) of IT Act.

The informant alleges that he received information that the accused persons including the petitioner were indulging in cyber crime.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner is not evading the law and is willing to present himself as and when required by the Investigating Officer so that the truth comes out.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

3/5 is pending/successor court in connection with Kashichak P.S. Case No. 240 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner despite giving undertaking before this Court that he will cooperate in the investigation and will present himself as and when required, is not cooperating in the investigation nor is appearing when called for, the learned Trial Court after giving an opportunity of hearing to the petitioner shall pass orders in accordance with law and shall also be entitled to cancel the bail bonds and to take all coercive steps to ensure petitioner is behind the bars.

CRIMINAL MISCELLANEOUS No. 36231 of 2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code and Section 66(c) and 66(D) of IT Act.

The informant alleges that he received information

4/5 that the accused persons including the petitioner were indulging in cyber crime.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and have been falsely implicated in the present case, it is next submitted that petitioner is not evading the law and is willing to present himself as and when required by the investigating officer so that the truth comes out.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kashichak P.S. Case No. 240 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing

5/5 to its notice that the petitioners despite giving undertaking before this Court that they will cooperate in the investigation and will present themselves as and when required, are not cooperating in the investigation nor they are appearing when called for, the learned Trial Court after giving an opportunity of hearing to the petitioners shall pass orders in accordance with law and shall also be entitled to cancel the bail bonds and to take all coercive steps to ensure petitioners are behind the bars. The Trial Court is directed to send the copy of the order to the concerned P.S.

(Satyavrat Verma, J) HarshPandey/- U T