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Patna High CourtCR. MISC./14810/2024bail granted

Rakesh Kumar v. The State Of Bihar

2024-03-12Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13511 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Mohit Kumar S/o Mukesh Kumar R/o vill - Simridih, P.S. - Warisaliganj, Distt. - Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14052 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Prince Kumar son of Ajay Kumar @ Ajay Ram R/o Village- Makanpur P.SWarsaliganj, Dist- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14810 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Rakesh Kumar Son of Ranjit Ram @ Ranjit Kumar Resident of VillageMakanpur, P.S.- Warsaliganj, Dist.- Nawada ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 13511 of 2024) For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP (In CRIMINAL MISCELLANEOUS No. 14052 of 2024) For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP (In CRIMINAL MISCELLANEOUS No. 14810 of 2024) For the Petitioner/s :

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

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

Patna High Court CR. MISC. No.13511 of 2024(2) dt.12-03-2024 2/3 ORAL ORDER 12-03-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Cyber P.S. Case no.65 of 2023 registered under sections 419, 420, 379, 467, 468, 471 and 120B of the Indian Penal Code and sections 66, 66B, 66C and 66D of the I.T. Act.

3. As per the prosecution case, the informant states that having received information about the accused persons having gathered in an orchard, it is stated that a raid was conducted. Seeing the police personnel, the accused persons made an attempt to escape but seven of them including the three petitioners were caught while 25-30 persons managed to escape.

4. Learned counsel appearing for the petitioner Mohit Kumar submits that one mobile phone was recovered from his possession which belonged to the petitioner himself. He is in custody since 18.12.2023 and has no criminal antecedent. Learned counsel appearing for the petitioner Prince Kumar submits that no incriminating article was recovered from the petitioner's possession, he is in custody since 18.12.2023 and has no criminal antecedent. Learned counsel appearing for the petitioner Rakesh Kumar submits that one Samsung mobile phone with one Sim Card enclosed with the cover of the phone

Patna High Court CR. MISC. No.13511 of 2024(2) dt.12-03-2024 3/3 was recovered but both the mobile phones as also the Sim Card belonged to the petitioner Rakesh Kumar, he is in custody since 18.12.2023 and has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., their not having any criminal antecedent, all three of them being in custody since 18.12.2023 and investigation in the case having concluded, the Court directs the three petitioners to be enlarged on bail in connection with Cyber P.S. Case no.65 of 2023 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada.

(Partha Sarthy, J) Saurabh/- U T