Patna High CourtCR. MISC./8466/2024bail granted

Basant Kumar v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8466 of 2024 Arising Out of PS. Case No.-566 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Basant Kumar Son of Upendra Prasad R/O-Sonbarsa, P.S.-Warisaliganj, Distt.-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 566 of 2023 instituted for the offences under Sections 420, 467, 468, 471, 120(B), 34 of the Indian Penal Code and Section 66(b) and 66(d) of the I.T. Act.

3. As per 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 along with other police personnel reached at the village Sonbarsa. On seeing the police-party, some persons started fleeing away but, on chase, seven of them were caught including the present petitioner.

Patna High Court CR. MISC. No.8466 of 2024(2) dt.19-02-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that except one mobile, nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 09.11.2023.

5. Learned counsel for the petitioner again submits that the similarly situated co-accused namely Laljeet Kumar and Nitish Kumar and Ashish Kumar have been granted bail by a Co-ordinate Bench of this Court vide orders dated 08.02.2024 and 09.02.2024 passed in Cr. Misc. Nos. 4488 of 2024 and 5983 of 2024 respectively.

6. Per contra, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent and considering the claim of parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.8466 of 2024(2) dt.19-02-2024 3/3 each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. Case No. 566 of 2023. (Rudra Prakash Mishra, J) rishi/- U T