Chandan Kumar @ Chandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11776 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- Cyber P.S. District- Samastipur ====================================================== Chandan Kumar @ Chandan Mahto S/O- Ram Awatar Mahto R/O- VillageDharmpur Ward No.- 6, P.S.- Rosera, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ajay Kumar, Advocate For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Cyber P.S. Case No. 19 of 2023 instituted for the offence under Sections 406 & 420 of the Indian Penal Code and Section 66(D) of the I.T. Act.

3.

As per prosecution case, some unknown person after committing fraud has withdrawn total Rs. 43,800/- from the account of the informant on four consecutive dates regularly. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-09-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.11776 of 2024(2) dt.26-02-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has been surfaced in this case due to confessional statement of co-accused, namely, Raushan Kumar, and the same has no evidentiary value. In fact, petitioner is the authorised dealer of the 'Grahak Seva Kendra'. Nothing has been recovered from the possession of the petitioner. Charge sheet has already been submitted in this case. 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 circumstances of the case, period of custody of the petitioner, charge sheet being submitted and manner of implication, 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 Cyber P.S. Case No. 19 of 2023.

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