Ravi Kumar @ Ravi Bhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76723 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- MAJHAULIA District- West Champaran ======================================================
1. RAVI KUMAR @ RAVI BHUSHAN KUMAR
2. Hariom Kumar @ Hariom Yadav, both are sons of Janardan Prasad Yadav @ Janardan Yadav, R/o village- Jaykatiya, P.S. Majhaulia, Dist.-West Champaran ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-02-2020 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in a case registered for the offence under sections 413, 414, 419, 420, 467, 468, 471, 472, 379, 120B of the Indian Penal Code and Section 66 of I.T. Act.
As per allegation in the F.I.R., on seeing twelve boys in suspicious condition near SBI ATM an attempt was made by the informant to apprehend them but besides five persons, who were caught, others managed to escape. It is stated that the accused persons caught, disclosed that they were working under one Ajad Alam, who were cheating different persons by
Patna High Court CR. MISC. No.76723 of 2019(2) dt.14-02-2020 2/3 withdrawing the amount in their accounts through different means. He further disclosed that of the persons who were working in the group, the petitioners were from amongst them. It is submitted by learned counsel for the petitioners that neither the petitioners were caught at the place of occurrence nor any incriminating article has been recovered from their possession. The allegation on petitioners fleeing from the spot on seeing the police is false and concocted. The petitioners have no criminal antecedent. Another accused, who is also said to be a member of the group has been enlarged on anticipatory bail vide order dated 16.11.2019 passed in Cr. Misc. No.54407 of 2019.
The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the above stated facts and circumstances of the case including that the petitioners not having been caught at the place of occurrence, no incriminating article has been recovered from their possession and the petitioners have no criminal antecedent, the Court is inclined to enlarge the petitioners on bail. The petitioners, above named, in the event of their arrest or surrender in the Court below within a
Patna High Court CR. MISC. No.76723 of 2019(2) dt.14-02-2020 3/3 period of six weeks from today in connection with Majhaulia P.S. Case No.228 of 2019 is directed to be enlarged on bail on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran, subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code.
(Partha Sarthy, J.) amit/- U T