Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4645 of 2024 Arising Out of PS. Case No.-45 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Aman Kumar Son Of Kedar Prasad @ Kedar Lal Resident Of Village - New Area Patalpuri, P.S. - Nawada, District - Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Cyber P.S. Case No. 45 of 2023 dated 16.09.2023, registered for the offence punishable u/s 66, 66B, 66(c), 66(A) of the I.T. Act , pending in the court of learned C.J.M., Nawada.

3. The prosecution case, in short, is that petitioner along with other accused persons allured the informant on the pretext of preparation of Labour card. They called the informant at his mobile shop near Gandhi Inter School along with Adhar Card, photographs and they also got her thumb impression for opening account in 'India Post Payment Bank' of the Indian Postal Department. They had also taken all the documents of the informant for preparation of Labour card and details of her account and misused the same, leading to lodging of the F.I.R.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.4645 of 2024(2) dt.09-02-2024 2/2 that the petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. There is no specific overt act against the petitioner. The allegations levelled against the petitioner is general and omnibus in nature. Similarly situated co-accused has been granted bail by a coordinate bench of this Court. Petitioner has no criminal antecedent.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail of the petitioner.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) annpurna/- U T