Patna High CourtCR. MISC./9021/2024bail granted

Manish Bishwas @ Manish Vishwash v. The State Of Bihar

2024-05-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9021 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- AMAUR District- Purnia ====================================================== MANISH BISHWAS @ MANISH VISHWASH SON OF RAJENDRA VISHWAS R/O-CHHAPRAILI, P.S.-AMOUR, DISTT.-PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amour P.S. Case No. 135 of 2023 dated 02.05.2023 registered for the offence punishable under Sections 417, 419, 420, 465, 467, 468, 471, 472, 473, 474 and 120B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused, Sarvan Kumar Rai and his associates named in the F.I.R. along with 4-5 unknown miscreants are alleged to have committed cyber crime by downloading the kewalas (sale deed) and getting Aadhar and fingerprints of people and making duplicate fingerprint on rubber and they withdrew money fraudulently. On information,

Patna High Court CR. MISC. No.9021 of 2024(4) dt.17-05-2024 2/3 police came and apprehended the co-accused, Sarwan Kumar Rai. On search, one laptop, a mobile phone and half page from serial 1-29 with Aadhar number kept in laptop were recovered from the room of the co-accused, Sarwan Kumar Rai. At the instance of the apprehended accused, a mobile phone and 5 pieces of fingerprint on rubber were recovered from the pocket of the co-accused, Rauni Kumar. Thereafter, two laptops, two mobile phones, a charger, a machine for scanning fingerprint and six pieces of rubber fingerprint were recovered from the house of the petitioner, Manish Viswas.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner surfaced in this case only on the disclosure made by the co-accused, Sarwan Kumar Rai. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The co-accused person has already been granted regular bail by this court vide order dated 31.08.2023 passed in Cr. Misc. No. 55193 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.10.2023.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.9021 of 2024(4) dt.17-05-2024 3/3 opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Amour P.S. Case No. 135 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T