Raushan Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62040 of 2018 Arising Out of PS. Case No.-20 Year-2015 Thana- WARISLIGANJ District- Nawada ======================================================
1. Raushan Kumar, Son of Gautam Singh
2. Shiv Shankar @Uma Shankar Kumar, Son of Umesh Singh Both are Residents of Village- Chakwai,Police StationWarsaliganj,District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-10-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 467, 468,471,472,414,419,420/120B of the Indian Penal Code. The prosecution case got initiated on the basis of written report dated 25.09.2015 submitted by ASI, Nand Kishore Singh, to the Station House Officer, Warsaliganj Police Station is to the effect that on being received information to the effect that certain people are cheating the public at large under the scheme of recognizing the persons by showing their face through media, on chase, one person was apprehended, who disclosed his name as Vikash Kumar and also disclosed the name of other persons, who are involved in the said fraudulent scheme, including the petitioners, who associated with in the commission of alleged
Patna High Court Cr.Misc. No.62040 of 2018(2) dt.08-10-2018 2/3 crime.
It is submitted by learned counsel for the petitioners that only on suspicion the accusation has been levelled. Considering the suspicious nature of accusation and the fact that other coaccused, whose names surfaced in the confession of apprehended accused, have been granted bail. It is further submitted that co-accused, Guddu Kumar has been granted bail vide Criminal Miscellaneous No.58695 of 2018, whereas, coaccused Amit, Chhote Lal, co-accused, Ramesh Kumar have been granted anticipatory bail vide Criminal Miscellaneous No. 23045 of 2016 and co-accused Jitendra Kumar @ Jalo and Lallu Kumar have been granted anticipatory bail vide Criminal Miscellaneous No. 44815 of 2015. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State the co-accused has named the petitioners.
Considering the fact that the name of the petitioners has been surfaced in the confession of co-accused, apprehended persons coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above
Patna High Court Cr.Misc. No.62040 of 2018(2) dt.08-10-2018 3/3 named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Nawada, in connection with Warsaliganju P.S. Case No.20/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T