Ashok Kumar Singh @ Ashok Kumar Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61262 of 2017 Arising Out of PS.Case No. -104 Year- 2017 Thana -KHAJEKALLAN District- PATNA ======================================================

1. Ashok Kumar Singh @ Ashok Kumar Choudhary, Son of Late Ram Babu Choudhary @ Ram Babu Singh, resident of Mohalla-Pakki Gauriya, P.S.- Khajekalan, District- Patna (SL.8).

2. Aman Kumar, Son of Ashok Kumar Chaudhary, resident of MohallaPakki Gauriya, P.S. Khajekalan, Dist.- Patna (Sl. 21)

3. Rahul Kumar, Son of Brij Nandan Prasad, resident of Mohalla- Ashok Chakra Gali P.S.- Kh.ekallan, Dist.- Patna, (SL. no. 29).

4. Arvind Kumar, Son of Late Chandrashekhar Prasad, resident of Mohalla- Bijli office Ki Gali, P.S.- Khajekalan, District- Patna (SL. no. 17).

5. Lakhen Kumar, Son of Late Shyam Babu, Resident of Mohalla- Pakki Gauriya, P.S.- Kajekallan, District- Patna (Sl.no. 20).

6. Dinesh Choudhary, Son of Rameshwar Choudhary, resident of MohallaNear Charkha School, P.S.- Khajekallan, Dist.- Patna (Sl. 11). All P.S. Khajekallan, District- Patna.

7. Prem Prasad, Son of Narbahadur resident of Choti Bazar, Moghalpura, P.S.- Khajekallan, District- Patna (Sl. No. 13). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shashi Shekhar Sharma, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection

Patna High Court Cr.Misc. No.61262 of 2017 (2) dt.22-12-2017 with Khajekallan P.S. Case No. 104 of 2017 registered under Section 420 of the Indian Penal Code and Sections 5, 6 and 7 of the Lottery Regulation Act.

It is submitted by the learned counsel for the petitioners that on a vague and baseless allegation name of the petitioners have been given in the FIR. He submitted that even on admitted facts, none of the ingredients of the offence punishable under Section 420 of the Indian Penal Code would be made out.

Be that as it may, regard being had to the nature of the allegation made in the FIR, in the event of arrest or surrender in the court below within six weeks from today, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna City, Patna in connection with Khajekallan P.S. Case No. 104 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T