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Patna High CourtCR. MISC./19698/2018bail granted

Ashutosh Kumar And ANR v. The State Of Bihar Through Vigilance Patna

2018-05-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19698 of 2018 Arising Out of PS.Case No. -92 Year- 2018 Thana -KADAMKUAN District- PATNA ======================================================

1. Ashutosh Kumar, S/o Sri Awadhesh Kumar Sinha, R/o Baxi Muhalla, Gorhatta, Padri Ki Haweli Lane, P.S.- Khajekalan, District- Patna.

2. Nand Kumar Singh @ Nandu Kumar Singh @ Nandan @ Nandan Kumar Singh @.. S/o Late Raghubans Singh, R/o Lanka Kachuara, P.S.- Gaurichak, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar Through Vigilance Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar : Mr. Shailendra Kr. Singh For the Opposite Party/s : Mr. Sakir Ahmad For Vigilancer : Mr. Rabindra Kumar A/c to Ramakant Sharma (L.O.,Inc.Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2018 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Kadamkuan PS case no. 92 of 2018 instituted for the offences punishable under Sections 465, 420, 421, 414, 120B of Indian Penal Code and Section 17 of Unlawful Activities Prevention Act. The allegation is regarding the employer of the petitioners namely Pankaj Agarwal having been caught from his house and a sum of Rs. 21 lacs is said to have been recovered. The allegation of the prosecution is against the said Pankaj Agarwal

Patna High Court Cr.Misc. No.19698 of 2018 (4) dt.29-05-2018 2/2 who is said to have been operating Hawala transaction. The learned counsel for the petitioners submits that as far as the said Pankaj Agarwal is concerned, no material whatsoever has come in the case diary to show that the said Pankaj Agarwal is having any link with the Naxals and Terrorists and as far as the petitioners are concerned, they are merely the employees of the said Pankaj Agarwal working in his bag shop. It is further submitted that the said Pankaj Agarwal has already been granted bail vide order dated 17.05.2018 passed in Cr.Misc. no. 20599 of 2018. The petitioners are said to be having clean antecedents and they are languishing in custody since 07.02.2018. Having regard to the facts and circumstances of the case, the abovenamed petitioners are directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kadamkuan PS case no. 92 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T