Rajesh Kumar @ Monu Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35219 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== 1.
RAJESH KUMAR @ MONU KUMAR Son of Sri Rabindra Prasad Resident of Village - Panchi, P.S.- Sekhopur Sarai, Dist.- Shekhpura. 2.
Purushottam Kumar Son of Sri Ashok Prasad Resident of Village - Panchi, P.S.- Sekhopur Sarai, Dist.- Shekhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the petitioners and the State.
The petitioners are languishing in custody since 24.04.2019 in a case registered for the offences punishable under Sections 419, 420, 468, 467 and 471 of the IPC and Section 66 of the I.T. Act.
The prosecution case, as per the written report of Bijay Kumar Singh, A.S.I., of Katri Sarai Police Station, dated 23.04.2019 submitted to the Station House Officer, Katri Sarai Police Station, is to the effect that on the same day at about 8.30 A.M., while the informant was on patrolling duty, he received a secret information that in a white Verna Car, three persons are
Patna High Court CR. MISC. No.35219 of 2019(2) dt.29-05-2019 2/3 travelling with documents of home shop company through which they used to cheat different persons by giving allurement of winning prize. Consequently, three accused persons including the petitioners were apprehended. From the possession of the petitioners, two mobile phones were recovered and the record of the seized mobile phones suggests that they received orders from innocent customers.
It is submitted by learned counsel for the petitioners that the whole accusation is based on suspicion and surmises. Even assuming the accusation to be true, no offence is made out against the petitioners. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR with specific accusation.
Considering the suspicious nature of accusation and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Nalanda at Bihar Sharif in
Patna High Court CR. MISC. No.35219 of 2019(2) dt.29-05-2019 3/3 connection with Giriak (Katri Sarai) P.S. Case No. 146 of 2019. (Dinesh Kumar Singh, J) Amrendra/- U T