Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2342 of 2024 Arising Out of PS. Case No.-207 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== 1.

NITISH KUMAR Son Of Suresh Prasad@Bhonu Mahto Resident Of Village Barith Ps Katri Sarai District Nalanda 2.

RAMESH KUMAR@RAVIKANT KUMAR Son Of Suresh Prasad@Bhonu Mahto Resident Of Village Barith Ps Katri Sarai District Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Nandu Kumar Yadav, Advocate For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code and Sections 66(c) and 66(d) of the I.T. Act.

3. As per prosecution case, on a secret information relating to cyber fraud, the police party raided a place from where four accused persons were apprehended with various articles such as mobile phones and documents containing phone numbers of their prospective customers. One of the co-accused person, namely Dharmendra Yadav @ Dhaboo, disclosed the name of remaining ten accused persons including these petitioners.

Patna High Court CR. MISC. No.2342 of 2024(2) dt.31-01-2024 2/2

4. It is submitted by learned counsel appearing on behalf of the petitioners that the name of these petitioners has transpired in the case only on the basis of confessional statement of co-accused person. No incriminating material has been recovered from the conscious possession of these petitioners. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on 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 C.J.M., Nalanda, in connection with Giriyak P.S. Case No.207 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T