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Patna High CourtCR. MISC./5983/2024allowed

Ashish Kumar v. The State Of Bihar

2024-02-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5983 of 2024 Arising Out of PS. Case No.-566 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Ashish Kumar, Son Of Charitar Kumar Resident Of Village - Sonwarsa, P.S. - Warisaliganj, District - Nawada.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Warisaliganj P.S. Case No. 566 of 2023 for the offences registered under Sections 420, 467, 468, 471, 34, 120B of the Indian Penal Code and Sections 66B/66D of the I.T. Act.

3. As per the prosecution case, on getting information that some persons involved in cyber crime were trying to cheat the innocent persons in the name of advancing loan, the informant/ A.S.I along with other police personnel reached at village Sonbarsa. Seeing the police party some persons started fleeing away but on chase seven persons were caught including the petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.5983 of 2024(2) dt.09-02-2024 2/2 petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Petitioner has been arrested on the basis of suspicion. No incriminating article has been recovered from possession of the petitioner. Petitioner has no criminal antecedent. He is in custody since 08.11.2023. It is further submitted that similarly situated co-accused persons, namely, Laljeet Kumar and Nitish Kumar have been granted bail by a co-ordinate Bench of this Court, vide order dated 08.02.2024 passed in Cr. Misc. No. 4488 of 2024.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Warisaliganj P.S. Case No. 566 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T