Prasanjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30726 of 2018 Arising Out of PS.Case No. -449 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Prasanjeet Kumar S/o Kamta Prasad Resident of Village - Mahiya, P.O. - Andi, P.S. - Bind, District - Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Kotwali P.S. Case No.449 of 2017 registered for the offences punishable under Sections 417, 418, 419, 465, 468, 469, 471 and 120(B) of the I.P.C. and Sections 66A and 66B of the I.T. Act. Some unknown miscreants are said to have demanded Rs.25,000/- from the daughter of the informant from different mobile phones to get her passed in the T.E.T. Skill Test, 2017 and extended threatening to get her failed on not coughing up the demand.
It has been submitted that in course of investigation police apprehended some of the accused. The name of this
Patna High Court Cr.Misc. No.30726 of 2018 (3) dt.05-07-2018 petitioner appeared on the statement of co-accused Nitish Kumar, who has been allowed bail by one of the coordinate bench of this court in Cr.Misc.No.15326 of 2018 and some of the co-accuseds have been allowed anticipatory bail. The antecedents referred in paragraph 3 of the bail application have emerged from the same occurrence and except these cases, the petitioner has clean antecedent. The case of this petitioner stands on similar footing. He is in custody since 16.10.2017 and so he deserves bail. The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No.449 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal
Patna High Court Cr.Misc. No.30726 of 2018 (3) dt.05-07-2018 of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U