Arun Kumar Sukla @ Arun Kumar Shukla @ Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4007 of 2025 Arising Out of PS. Case No.-1 Year-2024 Thana- RAIL District- Lakhisarai ====================================================== Arun Kumar Sukla @ Arun Kumar Shukla @ Arun Kumar Son of Late Haridwar Prasad Shukla R/O-Village-Gudri Bazar ward No. 16, P.S. - Nagar Hajipur, District-Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. 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.4007 of 2025(2) dt.30-01-2025 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 account number, the police came to the house of the petitioner and arrested him in the present case only because the mobile number mentioned in the account belongs to the wife of the petitioner and the account has been opened by the petitioner through which altogether Rs. 17,360/- has been misappropriated. 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.
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
Patna High Court CR. MISC. No.4007 of 2025(2) dt.30-01-2025 3/3 petitioner, abovenamed, 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 Rail Cyber/Jamalpur P.S. Case No. 1 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T