Santosh Kumar @ Asantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12477 of 2023 Arising Out of PS. Case No.-108 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== SANTOSH KUMAR @ ASANTOSH KUMAR Son of Masudan Prasad R/VPanchi, P.S- Shekhopur Sarai, Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agarwal, Sr. Adv.

Mr.Ravi Bhushan Prasad No. 1 Mr.Kumar Rajdeep For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Shekhopur Sarai P.S. Case No. 108 of 2021, registered for the offences punishable under Sections 406, 419, 420, 467, 468, 471, 120B, 34 of the IPC and section 66(c) of I.T Act. The learned counsel for the petitioner has submitted that the FIR itself shows that the allegation of committing cyber crime is not against the petitioner, rather it is against co-accused Aashish Kumar. The allegation against him is that the main accused Aashish Kumar used to bring money in the bank account of the petitioner but the FIR itself shows that the bank account mentioned in the FIR, which is 35903769335, is said to be in the name of Santosh Kumar, but it is in the name of Prakash Ramchandra. The

Patna High Court CR. MISC. No.12477 of 2023(3) dt.19-05-2023 2/2 petitioner is a person of clean antecedent and is under custody since 14.11.2022.

On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner is also member of that gang.

Considering the above-mentioned facts and circumstances especially the fact that bank account is not in the name of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Shekhopur Sarai P.S. Case No. 108 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T