Patna High CourtCR. MISC./17780/2024bail granted

Manikant Kumar v. The State Of Bihar

2024-04-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17780 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Manikant Kumar Son of Pravesh Prasad Resident of Village- Paingree, Police Station- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Cyber P.S. case No. 61 of 2023 instituted for the offences under Sections 414, 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 66, 66(B), 66(C) and 66(D) of the I.T. Act.

3. As per the prosecution case, the police officials in course of raid against cyber offender of Chakbai and Balwapar village got information that at the bank of South Bandh of Paingree village, After seeing the police party, 20-25 persons started fleeing, out of which 9 persons arrested and from their possession, 134 page printed data, 11 copy of calculation, 12

Patna High Court CR. MISC. No.17780 of 2024(3) dt.26-04-2024 2/3 piece pen, 5 mobiles, 9 SIM cards in packed condition and Apache motorcycle were recovered. Apprehended persons disclosed the the name of the accused persons who fled away from the spot, including the name of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner was not apprehended on the spot and his name has transpired in this case on the basis of confessional statement of the co-accused persons who were apprehended on the spot. The co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 01.03.2024 and 27.03.2024 passed in Cr. Misc. No. 10147 of 2024 and Cr. Misc. No. 24507 of 2024, respectively. It has been submitted on behalf of the petitioner that the petitioner 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, let the petitioner, above named, in the event of his arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing

Patna High Court CR. MISC. No.17780 of 2024(3) dt.26-04-2024 3/3 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. 61 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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