Tilak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10081 of 2023 Arising Out of PS. Case No.-530 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.

Tilak Kumar S/O Tuntun Yadav R/V- Nasrathpur, P.S.- Barbigha, DistrictSheikhpura 2.

Kunal Kumar S/O Tuntun Kumar R/V- Nasrathpur, P.S.- Barbigha, DistrictSheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 419, 420, 120B/ 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioners of cyber fraud and both of them were apprehended by the police officials and several articles were also recovered. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of self confession of petitioners. The FIR has not

Patna High Court CR. MISC. No.10081 of 2023(3) dt.07-07-2023 2/3 disclosed the name of the person, who complained against the petitioners. There is no consistent evidence found against the petitioner of committing any cyber crime. The seizure list has not been prepared as per provision of Section 100 of the Cr.P.C. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 05.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Barbigha P.S. Case No. 530 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura.

(Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.10081 of 2023(3) dt.07-07-2023 3/3