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Patna High CourtCR. MISC./9629/2024bail rejected

Akrashan Singh v. The State Of Bihar

2024-04-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9629 of 2024 Arising Out of PS. Case No.-7 Year-2023 Thana- Cyber P.S. District- Saharsa ====================================================== Akrashan Singh S/O LATE LALIT SINGH VILLAGE- SHANKARPUR WARD NO. 6, PS. BAKHTIYARPUR, DIST. SAHARSA.

... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudha Ambastha, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Saharsa Cyber P.S. Case No. 07/2023, lodged on 27.07.2023 under Sections 292, 354C, 384, 506, 507 of the Indian Penal Code and Section 66E and 67 of the Information Technology Act, 2000.

3. As per the prosecution case, the present FIR has been lodged against one accused person. The name of the petitioner is not in the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the petitioner is not named in the FIR rather the FIR has been lodged raising suspicion against one accused person. The

Patna High Court CR. MISC. No.9629 of 2024(3) dt.16-04-2024 2/2 antecedent of the petitioner is clean and he is in custody since 24.08.2023. The chargesheet has already been filed in this case.

5. Learned counsel for the State opposes the prayer for bail and submits that in the rejection order, it has been categorically acknowledged by the learned Sessions Court that it is the petitioner who has created fake ID in the name of Suresh Yadav. In course of search, the police seized a mobile phone from the possession of the petitioner in which obscene and nude video relating to the present case has been recovered.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Saharsa Cyber P.S. Case No. 7 of 2023, pending before the learned CJM, Saharsa is hereby rejected.

9. However, the petitioner would be at liberty to renew his prayer for bail two months after framing of charge.

10. With this observation, the bail application stands disposed off.

(Dr. Anshuman, J) Ashwini/- U T