Dablu Kumar @ Shashikant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11240 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Dablu Kumar @ Shashikant Kumar Son of Naval Kishor Prasad R/o vill - Paingari, P.S. - Warisaliganj, Distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Adv.
For the Opposite Party/s :
Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Cyber P.S. Case No. 61 of 2023 registered for the offences 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 I.T. Act.
3. As per prosecution case, on 24.11.2023 during course of raid against offender of cyber crime, the informant got information that in Paingri village some persons are engaged in on line cyber fraud by mobile phone in the name of providing loan. Thereafter, police reached Paingri village and apprehended nine persons whereas others managed to escape. Apprehended co-accused disclosed the name of petitioner and others who fled
Patna High Court CR. MISC. No.11240 of 2024(2) dt.12-03-2024 2/3 away from the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that petitioner is not found at the place of occurrence and no incriminating article has been recovered from his possession. Except disclosure of apprehended co-accused, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner bears no criminal antecedent. He further submits that coaccused Chhotu Kumar @ Anand Mohan has already been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 10147 of 2024 and the case of present petitioner is identically similar and on the principle of parity petitioner deserves bail.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, co-accused on similar allegation has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.11240 of 2024(2) dt.12-03-2024 3/3 learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Cyber P.S. Case No. 61 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J) shahzad/- U T