Patna High CourtCR. MISC./31850/2018allowed

Kanhai Kumar @ Kanhay Kumar @ Kanhaiya v. The State Of Bihar

2018-05-24Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31850 of 2018 Arising Out of PS.Case No. -143 Year- 2018 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Kanhai Kumar @ Kanhay Kumar @ Kanhaiya, Son of Sanjay Kumar Singh @ Sanjay Singh, resident of Village- Katardih, Police StationKatrisarai in the district of Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-05-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner apprehends arrest in Firiyak (Katrisarai) PS Case No. 143 of 2018, registered under Sections 419, 420, 467, 468, 471 of the IPC and Section 66 of I.T. Act.

The allegation in brief is that the police apprehended some persons and recovered mobile and order-sheet of e-commerce company and it is alleged that names of the customers and mobile numbers are used by the accused persons in cheating them by giving information of winning lottery and thereafter extracting all relevant information for cheating purpose.

Submission is that the petitioner was not apprehended on the spot, his name has been disclosed by some apprehended accused, however from the possession of the apprehended accused there is no material to suggest and disclose that they have indulged in cheating any one nor any person has complained against user of that sim or mobile number seized by the police and the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.31850 of 2018 (3) dt.24-05-2018 Having considered the said facts and circumstances, the petitioner Kanhai Kumar @ Kanhay Kumar @ Kanhaiya is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of four weeks from today on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM I, Nalanda at Biharsharif in connection with Giriyak (Katrisarai) PS Case No. 143 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Arun Kumar, J) Snkumar/- U T