Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10448 of 2018 Arising Out of PS.Case No. -449 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Ajay Kumar,aged about 42 Years S/o Late Brijnandan Graine, R/o Village + Post Lal Bigha, P.S.- Kashi Chak, Distt.- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kotwali P.S. Case No. 449 of 2017 instituted for the offence under Sections 417, 418, 419, 420, 120(B) of the Indian Penal Code, Sections 66(A) and 66(D) of the I.T. Act, 2000.

In the written report it is alleged that Raj Kumar Prasad Sinha informed the informant that his daughter has received calls on her Mobile from different Mobile Numbers as mentioned in the written report to pay Rs.25,000/- for clearance of pending result of TET.

It has been submitted that none of those Mobile Numbers from which the calls have been made on the Mobile phone of daughter of the informant, belong to the petitioner. It has

Patna High Court Cr.Misc. No.10448 of 2018 (2) dt.27-02-2018 2/2 further been submitted that name of this petitioner has come on the basis of confessional statement of co-accused Nitish Kumar. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kotwali P.S. Case No. 449 of 2017, he shall 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 Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T