Bala @ Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69908 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== BALA @ AKASH KUMAR Son of Arun Kumar R/o Ghughari Tand, P.S. - Vishnupad, Distt. - Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Vishnupad P.S. Case No.43 of 2023, registered for the offences punishable under Sections 406, 420, 467, 468/34 of the Indian Penal Code.

3. As per allegation, on 07.02.2023 at about 10.30 A.M., when the informant along with police party was on patrolling duty, he got an information that one Manish Prabhakar was cheating customers of Chola Finance Company at Krishna Dwarika. After informing the Technical cell, the informant rushed there. The police arrested Manish Prabhakar, who was trying to escape, with a bag. From that bag, a laptop, ID card, Adhar Card, etc. were recovered. It has further been

Patna High Court CR. MISC. No.69908 of 2023(2) dt.02-11-2023 2/2 alleged that Manish Prabhakar disclosed that the petitioner Bala and co-accused Gaurav are his accomplices in the said fraud.

4. Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. Nothing was recovered from his possession and his name has figured in the confessional statement of co-accused Manish Prabhakar except that there is no material against him. Manish Prabhakar, as submitted by the learned counsel, has been granted bail.

5. On the other hand, learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Gaya in connection with Vishnupad P.S. Case No. 43 of 2023, subject to the conditions as laid down under Section 438(2) CrPC. (Nawneet Kumar Pandey, J) SONALI/- U T