Deepu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9311 of 2025 Arising Out of PS. Case No.-1 Year-2024 Thana- RAIL District- Lakhisarai ====================================================== Deepu Kumar Son of Ram Murli Singh Resident of Village- Mahisour, Ward No. 08, P.S.- Mahisour, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nidhi Anand, Advocate Ms. Suruchi Anand, Advocate For the State :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rail Cyber/Jamalpur P.S. Case No. 1 of 2024 instituted for the offences under Sections 419, 420, 467 & 468 of the Indian Penal Code and Section 66(c), 66(d) of the I.T. Act. 3.

The prosecution case, in short, is that a fraudulent advertisement was posted on the Facebook, directing applicants to contact a specific phone number. Believing it to be legitimate, he paid Rs. 17,360/- to the accused. Upon realizing the fraud, he reported the matter to the Cyber Police.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.9311 of 2025(2) dt.14-02-2025 2/3 against him and has falsely been implicated in the present case. He further submits that in course of whole of the investigation, nothing specific or positive evidence has been collected by the police, suggesting the petitioner to be involved in the alleged occurrence. Only on the basis of the alleged recovered mobile phone, which belongs to the petitioner, the police came to the house of the petitioner and arrested him in the present case. Learned counsel for the petitioner further submits that the Informant has filed compromise petition in the court of learned Additional District and Sessions Judge, 1st Lakhisarai that now he is not willing to pursue the litigation. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.10.2024 without any rhymes or reason. Other co-accused has been granted bail by this Court vide order dated 30-01-2025, passed in Cr. Misc. No. 4007 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, on furnishing bail

Patna High Court CR. MISC. No.9311 of 2025(2) dt.14-02-2025 3/3 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rail Cyber/Jamalpur P.S. Case No. 1 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T