Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13137 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Deepak Kumar S/O- Shri Krishn Nandan Mahto R/O- Village- Mayapur, P.S.- Katrisarai, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Birendra Kumar, Advocate For the State :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 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. 61 of 2023 instituted for the offence 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.

As per 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 phones were recovered.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.13137 of 2024(2) dt.04-03-2024 2/3 that the petitioner is in custody since 25-11-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. He has not cheated any person rather he was arrested on the basis of suspicion. Mobile phone has been recovered from the possession of the petitioner, which belongs to him. No incriminating article has been recovered from the possession of the petitioner. Other co-accused have been allowed bail by a Coordinate Bench of this Court vide order dated 06-02-2024 & 1602-2024, passed in Cr. Misc. No. 6647 of 2024 & Cr. Misc. No. 6510 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 circumstances of the case, period of custody of the petitioner, clean antecedent 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 Cyber P.S.

Patna High Court CR. MISC. No.13137 of 2024(2) dt.04-03-2024 3/3 Case No. 61 of 2023.

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