Madhumeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1740 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- AIRPORT District- Patna ====================================================== 1.
MADHUMEET KUMAR Son of Ramakant Sharma Resident of MF-3, Block-Z, Flat-5, Sector-3, Bhoothnath Road, B.H.C. Colony, Agam Kuan, P.S.- Agamkuan, District- Patna.
2.
Vivek Kumar Singh @ Viven Kumar Son of Gaurishankar Singh Resident of MF-4/2, Flat No. - , Agamkuan Bhootnath Road, BHC Colony, P.S.- Agamkuan, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar Mr. Ansul Kumar For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard both parties.
The petitioners seek bail in Hawai Adda P.S. Case No. 96 of 2020, registered for the offence punishable under Sections 419, 420, 467, 468 and 34 of the Indian Penal Code. As per the prosecution case, on 18.06.2020 at 11.45 three persons reached Airport Departure gate whose ticket has by the name of Minhas Alam, Chandan Kumar and Abu Bakar and their Aadhar Card were also of the same name. The security personnel found their Aadhar card to be suspicious. On enquiry, it transpired that their ticket was purchased by L & T Company by the name of someone else and they were being sent to
Patna High Court CR. MISC. No.1740 of 2021(2) dt.04-03-2021 2/3 Mumbai by Flight.
It is submitted on behalf of the petitioners that petitioner no. 1 is CMD of a company named Emerge Infra Construction and Marketing Pvt. Ltd. who contacted a local labour Contractor who promised to arrange for 13 workers. The person subsequently gave him details of labour. The same were supplied to the ticketing agent who got the tickets booked and he sent boarding passes to the whatsapp of the petitioners. The petitioners went to provide the boarding tickets to the labour where they were arrested. It is further submitted that on the spot they came to know that three persons refused to go in the last hour. They are not fictitious but real persons who had earlier agreed to go, but refused later on for personal reasons. They were Abu Bakar, Chandan Kumar and Minhas Alam.
The local Contractor, not to loose money got fake Aadhar Card of three others who were Abdur Rahman, Balram Mahaseth and Md. Hussain Alam and there is no material available on record which shows that fake ID were created for illegal activity. Petitioners are in custody since 16.06.2020 and bear clean antecedent.
Patna High Court CR. MISC. No.1740 of 2021(2) dt.04-03-2021 3/3 furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Hawai Adda P.S. Case No. 96 of 2020, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.
(ii) If the petitioners 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 petitioners. (Prabhat Kumar Singh, J) vinita/- U T