Dipak Kumar @ Dipak Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.53237 of 2016 (3) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53237 of 2016 Arising Out of PS.Case No. -216 Year- 2016 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Dipak Kumar @ Dipak Prasad, Son of Bindeshwari Prasad, Resident of Mohalla - Mansur Nagar, P.S. Sohsarai, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laheri P.S. Case No. 216 of 2016 registered under Section 420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that four persons were apprehended by the police, who confessed that they used to do work under the Scheme of "Chehra Pechnao Inama Paao", in which, 11 persons including the petitioner are their associates. Thereafter, police recovered two pass books of Indian Oversees Bank in the name of Seema Kumari, one pass book and cheque book of H.D.F.C. in the

Patna High Court Cr.Misc. No.53237 of 2016 (3) dt.15-02-2017 name of Seema Kumari, Cheque Books of P.N.B and A.T.M. card of Indian Oversees Bank and A.T.M. card of S.B.I. from possession of the petitioner. In fact, all seized materials are belonging to the account of petitioner and his wife Seema Kumari. Further submitted that petitioner has no criminal antecedent. It is further submitted that similarly situated co-accused, Ambnika Prasad, Pintu Raut, Sanjay Prasad, Manoj Prasad, Mantu Kumar and Sachin Kumar, have already been granted privilege of anticipatory bail by this Court vide order dated 28.01.2017 passed in Criminal Misc. No. 41680 of 2016.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Biharsharif, Nalanda, in connection with Laheri P.S. Case No. 216 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T