Sikander Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36178 of 2018 Arising Out of PS.Case No. -121 Year- 2018 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Sikander Kumar, Son of Ram Balak Yadav, Resident of Village- Barail, Police Station- Akbarpur, District- Nawada.

2. Dhananjay Kumar, Son of Madan Mahto @ Madan Prasad, Resident of Village- Nekpur, P.S.- Chhabilapur (Rajgir), District- Nalanda .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Chaudhary, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Rajgir P. S. Case No. 121 of 2018 registered under Sections 420, 467, 468, 471 and 385 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that from perusal of the first information report itself, it would transpire that the allegations have been made on hypothetical presumption and wild suspicion. It is further submitted that the petitioner nos. 1 and 2 being a driver of ambulance and an emergency medical technician respectively

Patna High Court Cr.Misc. No.36178 of 2018 (2) dt.03-07-2018 2/2 have not been paid any amount of false bill or presented the same for payment.

On the other hand, learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioners. He submitted that it is a case in which an attempt to withdraw money on the basis of fake bill was made by the petitioners.

Considering the facts and circumstances of the case, nature of allegation made in the FIR and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above 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 Chief Judicial Magistrate, Bihar Sharif, Nalanda in Rajgir P. S. Case No. 121 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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