Patna High CourtCR. MISC./6647/2024allowed

Gautam Kumar v. The State Of Bihar

2024-02-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6647 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Gautam Kumar S/o Ashok Singh RESIDENT OF VILLAGE- PAINGARI POLICE STATION -WARISALIGANJ, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 66, 66(B), 66(C), 66(D) of the IT Act.

3. Allegation against the petitioner is of indulging in Cyber crime who along with other accused persons enticed the innocent people and committed fraud with them. The petitioner was arrested on spot from whose possession, one mobile was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has not cheated any

Patna High Court CR. MISC. No.6647 of 2024(2) dt.06-02-2024 2/2 person rather he was arrested on the basis of suspicion. It is further submitted vide para 11 of the petition that the alleged seized mobile does not belong to the petitioner. He has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 25.11.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Cyber P.S. Case No. 61 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada.

(Sunil Kumar Panwar, J) Amandeep/- U T