Mukesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4268 of 2020 Arising Out of PS. Case No.-10 Year-2019 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== MUKESH JHA Son of Devendra Jha Resident of Purani Bazar, Jhajha Ward No. 19, P.S.- Jhajha, District - Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Economic Offence Unit Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar For the E.O.U.

:

Mr. V.N.P. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 420, 467, 120(B) of the Indian Penal Code and 65, 66(C) and 66(D) of the I.T. Act, 2000. The prosecution case in short is that in a raid conducted by the Police, the accused persons were found involved in cyber crime by changing the IMEI number of mobile.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.4268 of 2020(5) dt.14-09-2020 2/2 petitioner is in custody since 23.10.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. It is alleged that the petitioner was the employee of Shop No. 238. The petitioner denies that he is an employee of Shop No. 238. Other coaccuseds have been granted bail vide order dated 09.01.2020 passed in Cr. Misc. No. 84923 of 2019 and order dated 07.01.2020 passed in Cr. Misc. No. 84781 of 2019.

Mr. V.N.P. Sinha, appearing on behalf of the E.O.U submits that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna in connection with Economic Offences P.S. Case No. 10 of 2019. (Sudhir Singh, J) Pankaj/- U T