Sujeet Kumar Gupta @ Sujeet Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8931 of 2018 Arising Out of PS.Case No. -451 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Sujeet Kumar Gupta @ Sujeet Gupta, S/o Sri Naresh Prasad, R/o VillageAhiyachak, P.O.& P.S.- Katrisarai, Distt.- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mithilesh Kumar, Advocate. For the Opposite Party/s : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kotwali P.S. Case No. 451 of 2017 instituted for the offence under Sections 417, 418, 419, 420, 120(B) of the Indian Penal Code, Sections 66(A) and 66(D) of Information Technology Act.

In the written report it is alleged that Awadhesh Kumar, Assistant General Manager, AAI, Patna Airport, had informed that one Chandan Kumar contacted his cousin through Whatsapp and gave him account number as mentioned in the written report to deposit money in the said account for passing him TET Examination 2017. Learned counsel for the petitioner has submitted that petitioner is not named in the written report. During investigation his name has come in the confessional statement of co-accused Nitish Kumar with whom the petitioner has got no concern. It has further been

Patna High Court Cr.Misc. No.8931 of 2018 (3) dt.23-03-2018 2/2 submitted that there is no recovery of any money from possession of this petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kotwali P.S. Case No. 451 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and

(3) if petitioner tampers 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 petitioner.

(Sanjay Priya, J) S.Ali/- U T