Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6510 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Prince Kumar, (male), aged about 28 years, Son of Pradeep Kumar, Resident of village-Maghra, P.S-Deepnagar, Distt-Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate.

For the Opposite Party/s :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nawada Cyber P.S. Case No. 61 of 2023 instituted for the offence under Sections 414, 419, 420, 467, 468, 471, 120(B) read with 34 of the Indian Penal Code and 66, 66(B), 66(C), 66(D) of I.T. Act.

3.

As per the prosecution case, the petitioner along with other co-accused persons are indulged in Cyber crime. It is further alleged that they enticed the innocent people and committed fraud with them. The petitioner was arrested on the spot and two mobile were recovered.

Patna High Court CR. MISC. No.6510 of 2024(2) dt.16-02-2024 2/3 4.

It has been submitted on behalf of the petitioner's counsel that the petitioner is in custody since 25.11.2023. Petitioner has no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application. 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is further submitted that petitioner has not cheated any person rather he was arrested on the basis of suspicion. It is further submitted vide para 9 that two mobiles have been recovered from the petitioner out of which mobile no. 7319765056 belongs to the petitioner and another mobile no. 7479958325 not belongs to the petitioner. It is further submitted that the mobile which has been recovered from the petitioner, no any transaction has been made and nothing has been shown about the cheating to any person. Similarly situated co-accused has also been granted bail by Co-ordinate Bench of this Court vide order dated 06.02.2024, passed in Cr. Misc. No. 6647 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and

Patna High Court CR. MISC. No.6510 of 2024(2) dt.16-02-2024 3/3 circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Nawada Cyber P.S. Case No. 61 of 2023.

(Rudra Prakash Mishra, J) Nilmani/- U T