Patna High CourtCR. MISC./11747/2024bail granted

Chandan Kumar v. The State Of Bihar

2024-02-27Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11747 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Chandan Kumar Son Of Manoj Prasad R/O Village- Paingari, P.S.- Warsaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, 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 Nawada Cyber P.S. case No. 61 of 2023 instituted for the offences 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 I.T. Act.

3. Prosecution allegation, in short, is that on information the police raided and arrested accused persons including the petitioner from the orchard who were involved in enticing innocent people and committed fraud with them. Five mobile phones were also recovered from

Patna High Court CR. MISC. No.11747 of 2024(2) dt.27-02-2024 2/3 the petitioner.

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. The petitioner has got no concerned with the alleged occurrence. No incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired only on the basis of suspicion. The petitioner is in custody since 25.11.2023 and has no criminal antecedent. Similar co-accused have been granted bail by a Coordinate Bench of this Court vide order dated 06.02.2024 passed in Cr. Misc. No. 6647 of 2024 and vide order dated 22.02.2024 passed in Cr. Misc. NO. 10947 of 2024 and by this Court vide order dated 16.02.2024 passed in Cr. Misc. No. 6774 of 2024 and vide order dated 16.02.2024 passed in Cr. Misc. No. 6510 of 2024.

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, the clean antecedent of the petitioner and

Patna High Court CR. MISC. No.11747 of 2024(2) dt.27-02-2024 3/3 claim based on parity, 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 Nawada Cyber P.S. case No. 61 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T