Abhimanyu Kumar @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7814 of 2024 Arising Out of PS. Case No.-06 Year-2023 Thana- Cyber P.S. District- Nalanda ====================================================== Abhimanyu Kumar @ Monu Kumar Son of Late Sashi Bhushan Singh Resident of village- Mahanandpur, P.S.-Nomdarganj, Distt.-Nawada, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Nalanda Cyber P.S. Case No. 06 of 2023 dated 28.06.2023 registered for the offence(s) punishable under Section(s) 379, 420 of the Indian Penal Code and Section 66C of the Information Technology Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a 20 years old person, though against him, there are criminal antecedents of two cases but he is on bail in the said cases and as per allegation, the victim's ATM card, when he was using the same

Patna High Court CR. MISC. No.7814 of 2024(2) dt.19-02-2024 2/3 inside an ATM booth, was exchanged by the accused on the pretext of helping the victim but the CCTV camera installed at the said booth was not scanned or examined by the police which would have been the best evidence to find out the acutal culprit, during the investigation the petitioner's name surfaced in the statement of co-accused Subash Kumar @ Mangar Kumar who has been granted bail by the trial court and the police failed to recover any incriminating material including the victim's ATM card from the possession of the petitioner after his arrest. Further submission is that the petitioner has been languishing in jail since 27.09.2023 and against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and completion of investigation against this petitioner and the privilege of bail to co-accused Subash Kumar @ Mangar Kumar granted by the trial court and as per above submission, the petitioner's name surfaced in the statement of the co-accused Subash Kumar @ Mangar Kumar, in my opinion, the petitioner deserves to the privielge of bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Nalanda Cyber P.S. Case

Patna High Court CR. MISC. No.7814 of 2024(2) dt.19-02-2024 3/3 No. 06 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T