Rajiv Ranjan Kumar @ Karu Grai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12168 of 2018 Arising Out of PS. Case No.-449 Year-2017 Thana- KOTWALI District- Patna ====================================================== Rajiv Ranjan Kumar @ Karu Grai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deo Raj Kumar Prasad For the Opposite Party/s :

Mr. SRI S. EHTESHAMUDDIN ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 417,418,419,420 and 120B of the IPC and sections 66(A) and 66(D) of the I.T, Act, 2000.

The prosecution case as per the written report of Narendra Kumar Sinha, Sectional Officer, (Central Secondary) Bihar School Examination Board submitted to the SHO, Kotwali Police Station is to the effect that one Anjali Kumari, daughter of Raj Kumar Prasad Sinha received several telephonic calls from mobile numbers 7482920394,7482876642,8298465433 and 8405853083 demanding Twenty Five Thousand Rupees, or else she would not be allowed to succeed in Teachers Eligibility Test, 2017. Consequently, FIR was lodged against the holders of

Patna High Court Cr.Misc. No.12168 of 2018(2) dt.27-02-2018 2/3 abovementioned mobile numbers from which the calls were received. During the course of investigation, one Nitish Kumar confessed the guilt and named 28 accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that except the confession of co-accused Nitish Kumar, there is no material against the petitioner. It is further submitted that no recovery has been made from the petitioner and the mobile numbers from which calls for payment were made are not registered in the name of the petitioner. Co-accused Mukesh Kumar Gupta alias Munna Afat whose name also surfaced in the confessional statement of Nitish Kumar, has been granted anticipatory bail by a co-ordinate bench of this Court after going through the case diary in Cr. Misc. No. 52918 of 2017, as contained in Annexure 3. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submitted that the name of the petitioner sprang up in the confessional statement of co-accused Nitish Kumar.

Considering the fact that the name of the petitioner sprang up in the confessional statement of co-accused and the statement

Patna High Court Cr.Misc. No.12168 of 2018(2) dt.27-02-2018 3/3 made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Patna in connection with Patna Kotwali P.S. Case No. 449 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner will be accepted on his filing affidavit to the effect that he will co-operate with the investigation. The learned court below will be at liberty to cancel the bail bonds of the petitioner in case he does not cooperate in the investigation.

(Dinesh Kumar Singh, J) anil/- U