Shashi Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10863 of 2024 Arising Out of PS. Case No.-20 Year-2023 Thana- Cyber P.S. District- Samastipur ====================================================== Shashi Kant Kumar S/O Ramayan Rai R/O Village- Taregana Gola, Near Durga Mandir Kumhar Toli, Ps.- Masaudhi, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Pathak, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Cyber P.S. case No. 20 of 2023 instituted for the offences under Sections 420, 406 of the Indian Penal Code and h 66(D) of the I.T. Act.
3. Prosecution allegation, in short, is that a fraud has been committed with the informant in the name of C.S.P. and Rs. 1,53,000/- has been taken from him and further Rs. 36,000/- has been demanded from him.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner submits that both mobile numbers were not in
Patna High Court CR. MISC. No.10863 of 2024(2) dt.27-02-2024 2/2 the name of the petitioner. The police raided the joint house of the petitioner where other family members also reside and illegally seized Rs. 2,40,000/- along with other papers. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 09.09.2023 and has no criminal antecedent
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.
7. 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. 20 of 2023.
(Rudra Prakash Mishra, J) Pankaj/- U T