Patna High CourtCR. MISC./29501/2017allowed

Akhilesh Kumar @ Aklesh Kumar @ Kallu And ANR v. The State Of Bihar

2017-07-20Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29501 of 2017 Arising Out of PS.Case No. -126 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Akhilesh Kumar @ Aklesh Kumar @ Kallu,

2. Aditya Kumar @ Nanha Both Sons of Dinesh Prasad @ Dinesh Ram, Resident of Village- Sangat Tola, Katrisarai, Police Station- Katarisarai, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Vikramdeo Singh, Advocate Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s : Smt. Rita Verma, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Giriak (Katarisarai) P.S. Case No.126 of 2017 for allegedly having committed the offences under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 66 of the I.T. Act.

Learned counsel for the petitioners submits that on pure suspicion, raid was conducted in the premises of the father of the petitioners, wherein two laptops along with certain mobiles and pass-books were recovered.

Patna High Court Cr.Misc. No.29501 of 2017 (2) dt.20-07-2017 2/3 The allegation is that the petitioners along with their father had been indulging in defrauding the customers under the pretext of Naptaul Company. There is nothing on the record to show that there is any complaint from Naptaul consumer, rather the raid was conducted on pure suspicion and the father of the petitioners was taken into custody. Learned counsel for the petitioners further submits that two pass-books so recovered belong to the sisters of the petitioners and the laptop was being used for household purpose and the mobile phone belong to the family members. Learned counsel for the petitioners submits that now the father of the petitioner has been granted regular bail in Cr.Misc. No.26710 of 2017, vide order dated 14.06.2017.

Patna High Court Cr.Misc. No.29501 of 2017 (2) dt.20-07-2017 3/3 (Katarisarai) P.S. Case No.126 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T