Pawan Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11204 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -WARSALIGANJ District- NAWADA ======================================================
1. Pawan Kumar, Son of Mokamajee @ Naresh Prasad,
2. Ajit Chaudhary, Son of Deo Chaudhary @ Indradeo Chaudhary,
3. Laltush Yadav @ Laltus Kumar, Son of Rajo Bhagat @ Rajo Yadav,
4. Amit Kumar, Son of Dukhi Prasad,
5. Lallu Kumar @ Lalu Kumar, Son of Anuj Prasad, all resident of Village- Paingri, P.S.- Warsaliganj, Dist- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Warsliganj P.S. Case No.08 of 2018 instituted for the offence under Section(s) 419, 420, 467, 468, 471, 120-B Indian Penal Code and Section 66-C, 66-D of the IT Act.
Counsel for the petitioners has submitted that anticipatory bail of other accused have already been allowed by a co-ordinate Bench of this Court by order dated 27.02.2018 passed in Cr. Misc. No.10871 of 2018.
In the instant case, there is general and omnibus allegation against the petitioners.
Patna High Court Cr.Misc. No.11204 of 2018 (2) dt.08-03-2018 2/3 It is alleged in the written report that one Saket Kumar was apprehended by the police, who stated that Gautam Kumar is gang leader and there is about 50 members, who used to cheat the persons on the pretext of giving gift by obtaining data base of different company. Petitioners are also named amongst those persons.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Warsliganj P.S. Case No.08 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Nawada, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case,
Patna High Court Cr.Misc. No.11204 of 2018 (2) dt.08-03-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T