Patna High CourtCR. MISC./18084/2024bail granted

Gopal Kumar v. The State Of Bihar

2024-04-10Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18084 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== GOPAL KUMAR S/O MANTUN KUMAR Resident of Village- Makanpur, P.S. Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manmohan Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-04-2024 This case has been notified today on the urgent mentioning of the learned counsel for the petitioner.

2. Heard the learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 379, 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 66, 66(B), 66(C), 66(D) of the I.T. Act.

4. As per the prosecution case, the petitioner along with others was caught in an orchard. It is alleged that petitioner and others were involved in a cyber fraud. One mobile phone has been recovered from the petitioner.

5. Learned counsel for the petitioner submits that co-accused Mohit Kumar, Prince Kumar and Rakesh Kumar

Patna High Court CR. MISC. No.18084 of 2024(3) dt.10-04-2024 2/3 have been granted bail by a common order dated 12.03.2024 passed in Cr. Misc. No. 13511 of 2024 and Manish Kumar has been granted bail by this Court on 02.04.2024 in Cr. Misc. NO. 17600 of 2024. Petitioner is in custody since 18.12.2023.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada/concerned Court below in connection with Nawada Cyber P.S. Case No. 65 of 2023 subject to condition that:- 8(i). The petitioner will not stay in the State of Bihar. He will reside at Noida( State of Uttar Pradesh) with his relative i.e. Cousin (Fufera Brother) at Bhangel, Begumpur near Kanya Inter College, P.S. Phase-II, Gautam Budh Nagar, Noida, 201304 (as mentioned in supplementary affidavit filed on behalf of the petitioner).

8(ii). The petitioner will mark his attendance at the Police Station- Phase-II, Gautam Budh Nagar, Noida Pin Code201304 once in a month. Any default in appearance at the Police Station would

Patna High Court CR. MISC. No.18084 of 2024(3) dt.10-04-2024 3/3 result in cancellation of bail bond of the petitioner.

9. Let a copy of this order be communicated to the Police Commissioner, Gautam Budh Nagar, Noida, Uttar Pradesh through FAX for its compliance forthwith. (Sandeep Kumar, J) Shishir/- U T