Awadesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57630 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== 1.

AWADESH KUMAR Son of Ram Chandra @ Gorka @ Ram Chandra Prasad Resident of Village - Bahri Bigha, P.s.- Kashichak (Shahpur O.P.), Distt.- Nawada.

2.

Raushan Kumar Son of Arbind Malakar Resident of Village - Bahri Bigha, P.s.- Kashichak (Shahpur O.P.), Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2022 Heard learned counsel for the petitioners and the State.

The petitioners pray for grant of anticipatory bail in a case registered for the offence punishable under sections 419/420 of the Indian Penal Code and section 66C of the IT Act. As per the prosecution case, on the secret information, police conducted raid and arrested co-accused Niraj Kumar while others fled away. Accused persons including these petitioners are alleged to have committed cheating and forgery using mobile phones by getting money from the people on false allurement of giving them handsome interest on their amount.

Patna High Court CR. MISC. No.57630 of 2021(2) dt.30-06-2022 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioners name have figured during course of investigation in confessional statement of co-accused Niraj Kumar and no other material has been collected during course of investigation to connect the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioners have got clean antecedent. Learned APP opposes the prayer for anticipatory bail. Considering the aforesaid facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed.

Let the petitioners, as named above, in the event of their arrest/ surrender within a period of six weeks from today be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Nawada in Kashichak Sahpur OP Police Station Case No. 73 of 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.