Rajan Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16289 of 2016 Arising Out of PS.Case No. -5 Year- 2014 Thana -GARHPURA District- BEGUSARAI ====================================================== Rajan Kewat son of Sonelal Kewat, resident of village- Gadhpura, P.S.- Gadhpura, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv. For the Opposite Party/s : Mr. Dr. M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-05-2016 Heard both sides.

The petitioner apprehends his arrest in Gadhpura P.S. Case No. 05/2014, registered for the offences punishable under Section 419, 420, 468, 120B of the Indian Penal Code. The informant alleged that he was caught by the police for enquiry about the mobile phone used in P.S. Case no. 64/13 for the offence under Section 395 I.P.C and that mobile is being used with SIM no. 9709992208 which was issued in his name. From perusal of the document given by the informant for issuance of S.I.M. card, it transpired that Voter I.D. and photograph is of the informant, but the signature did not tally with his signature. He suspected that Randhir Pan Corner, R.K. Telecom and Maruti enterprises and others might have forged his

Patna High Court Cr.Misc. No.16289 of 2016 (2) dt.06-05-2016 2/2 signature relating to the S.I.M. card.

It is submitted that similar situated co-accused Sanjeev Jha has already been granted anticipatory bail and the bail petition of Amit Kumar is dismissed for default. The case of the petitioner stands on similar footing as that of Sanjeev Jha. The informant simply suspected the hands of the petitioner in issuing S.I.M. card. Considering the facts aforesaid and the fact that save and except suspicion there is no tangible material and similar situated co-accused has already been granted bail, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 Sri Ravindra Kumar, learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with Gadhpura P.S. Case No. 05/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U