Premraj @ Prahlad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53100 of 2019 Arising Out of PS. Case No.-252 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Premraj @ Prahlad Kumar Son of Anil Prasad Resident of Village- Bajrang Bigaha, P.S.- Kashichak, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Laheri P.S. Case No. 252 of 2019 registered for the offences punishable under Sections 406, 420, 414, 120B of the Indian Penal Code and Section 66(C) of I.T. Act.

Two persons were caught by the police and near about seven ATM cards standing in the name of different persons as well as huge cash amount were recovered from possession of apprehended accused. However, on interrogation, the aforesaid apprehended accused disclosed that they with the help of

Patna High Court CR. MISC. No.53100 of 2019(3) dt.16-11-2019 2/3 petitioner and others used to commit cyber crime. Learned counsel appearing for the petitioner submits that except the confessional statements of co-accused, there is nothing against the petitioner. He further submits that apprehended co-accused disclosed the mobile number of the petitioner but the police did not verify the mobile number of the petitioner to ascertain as to whether the mobile of the petitioner had been used in committing any crime or not. Learned counsel of the petitioner further submits that prior to institution of the present case, petitioner was made accused in a case registered under Section 366 A and other allied sections of the IPC but before institution of the present case, petitioner got acquittal in the said case and that is the reason he did not mention the aforesaid fact in para 3 of the petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.53100 of 2019(3) dt.16-11-2019 3/3 Chief Judicial Magistrate/concerned court, Nalanda (Bihar Sharif) in Laheri P.S. Case No. 252 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T