Manish Agrawal @ Manish Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11648 of 2018 Arising Out of PS.Case No. -419 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================
1. Manish Agrawal @ Manish Kumar, Son of Shankar Agrawal
2. Pintu Modi, Son of Ramdev Modi @ Akal Modi @ Ramdev Agrawal, Both residents of Village- Katarisarai, P.S. Katarisarai, District Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabindra Prasad Singh, Advocate. For the Opposite Party/s : Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Giriyak (Katrisarai) P.S. Case No. 419 of 2017 instituted for the offence under Sections 419, 420, 467, 471, 468 of the Indian Penal Code and Section 66 of I.T. Act.
It is alleged in the written report that police got information that in the Grocery shop of co-accused Sonu Kumar with the help of these petitioners and other accused persons committed cheating with general people in the name of Nap-Tol and three associates of Sonu Kumar were to come at the shop of Sonu Kumar, the police raided the shop of Sonu Kumar from
Patna High Court Cr.Misc. No.11648 of 2018 (3) dt.19-04-2018 2/3 where, seeing the police party, four persons managed to run away. Police arrested Sonu Kumar and Shankar Agrawal. The name of the petitioners was disclosed by apprehended co-accused Sonu Kumar and Shankar Agrawal.
From the written report itself it appears that there is no recovery of any article from possession of these petitioners. It is mentioned in paragraph-3 of the bail petition that petitioners have clean antecedent.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Giriyak (Katarisarai) P.S. Case No. 419 of 2017, 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 learned Additional Chief Judicial Magistrate-I, Nalanda at Biharsharif, 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
Patna High Court Cr.Misc. No.11648 of 2018 (3) dt.19-04-2018 3/3 reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners.
(Sanjay Priya, J) S.Ali/- U T