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Patna High CourtCR. MISC./10360/2018bail granted

Arvind Kumar And ORS v. The State Of Bihar

2018-04-09Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10360 of 2018 Arising Out of PS.Case No. -687 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Arvind Kumar, Son of Mahendra Prasad, resident of VillageDamodarpur, P.S.- Makhdumpur, District- Jehanabad.

2. Chottu Kumar @ Chhatu Kumar Chanchal, Son of Umesh Rai, Resident of Village- Jamalpur, P.S.- Makhdumpur, District- Jehanabad.

3. Sanni Kumar @ Sunny Kumar, Son of Yogendra Prasad, resident of Village- Kansara, P.S.- Makhdumpur, District- Jehanabad.

4. Rahul Raj, Son of Vijay Prasad, resident of Village- Makhdumpur, P.S.- Makhdumpur, District- Jehanabad.

5. Pawan Kumar, Son of Rajendra Singh, Resident of Village- Chariyari, P.S.- Makhdumpur, District- Jehanabad.

6. Deepak Kumar, Son of Akhilesh Singh, Resident of Village- Chariyari, P.S.- Makhdumpur, District- Jehanabad.

7. Praveen Kumar, Son of Anil Thakur, Resident of Village- Chariyari, P.S.- Makhdumpur, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Jehanabad P.S.Case no.687 of 2017 , registered for offences punishable under Sections 467, 468, 474, 420 and 120(B) of the Indian Penal Code and Section 66(B) of the I.T. Act. Petitioner is named in the FIR and the case is under various Sections of the Indian Penal Code and the I.T. Act and it further appears that some persons have been arrested in connection with

Patna High Court Cr.Misc. No.10360 of 2018 (3) dt.09-04-2018 2/3 SSC examination and from their possession some documents have been recovered.

Submission of the learned counsel for the petitioners is that except that some documents have been recovered , there is nothing against him and they have no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, surrender before the court below within a period of six weeks from the date of order and on their surrender they will be released on provisional bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Judge-I-cum-A.C.J.M., Jehanabad in connection with Jehanabad P.S.Case no.687 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. (iv) However, once the case is found true against them and the charge-sheet has been submitted against the

Patna High Court Cr.Misc. No.10360 of 2018 (3) dt.09-04-2018 3/3 petitioners, they will surrender and make prayer for regular bail, which will be considered by the learned court below on the basis of the materials available at that time With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T