Amar Kumar @ Aamar Kumar Alok v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16906 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- Cyber P.S. District- Purnia ====================================================== Amar Kumar @ Aamar Kumar Alok son of Krishnadev Sharma @ Krishnadev Kumar Sharma Village- Sindhiyan Sundar Bana Ps- Bhawanipur Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bidhu Ranjan, Advocate For the State :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 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. 49 of 2023 instituted for the offence under Sections 419, 420, 379/34 of the Indian Penal Code and Sections 66(c), 66(D) of the Arms Act.

3.

Prosecution case in short is that petitioner along with other co-accused persons were indulged in cyber fraud pertaining to opening of bank account. Several Aadhaar Cards, mobile phones and other documents were recovered from their possession.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-11-2023. Petitioner is

Patna High Court CR. MISC. No.16906 of 2024(2) dt.13-03-2024 2/3 stated to be a 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. Nothing has been recovered from the possession of the petitioner. So far as recovery of ATM Card and Pan Card is concern, it belongs to the petitioner. It is lastly submitted that there is no compliance of Section 100 of the Cr.P.C. 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 nature of accusation, 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. Case No. 49 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.16906 of 2024(2) dt.13-03-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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