Patna High CourtCR. MISC./14658/2024bail granted

Rakesh Kumar v. The State Of Bihar

2024-03-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14658 of 2024 Arising Out of PS. Case No.-636 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Rakesh Kumar Son of Basudev Yadav Resident of Village-Hirmabigha, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Warsaliganj P.S. case No. 636 of 2023 instituted for the offences under Sections 419, 420, 467, 468, 471, 34 of the Indian Penal Code and 66(B) and 66(D) of the I.T. Act.

3. Prosecution case, in short, is that on secret information regarding cyber fraud, police reached at the place of occurrence, whereafter two accused persons tried to flee away but were apprehended and on search, mobile phones and customer data were recovered from their possession.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.14658 of 2024(2) dt.11-03-2024 2/2 Learned counsel for the petitioner further submitted that petitioner has not committed any fraudulent act to cheat anyone rather allegation level against the petitioner is false, baseless and concocted. The co-accused person has already been granted bail by this Court vide order dated 05.03.2024 passed in Cr. Misc. No. 13450 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.12.2023 and has no criminal antecedent.

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, clean antecedent, claim based on parity as also the period of custody undergone by the petitioner, 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 Warsaliganj P.S. case No. 636 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T