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Patna High CourtCR. MISC./12697/2023allowed

Pulpul Kumar v. The State Of Bihar

2023-05-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12697 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- BASANHI District- Saharsa ====================================================== 1.

Pulpul Kumar Son Of Ramchnadra Mehta R/O Village- Kashnager, P.S.- Sonbarsha, District- Saharsa 2.

Mithlesh Kumar Son Of Laxman Mehta R/O Village- Kasnager, P.S.- Sonbarsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 406, 420, 467, 468 and 120(B) of the Indian Penal Code, Section 66(D) of the IT Act and Section 3/11 of the Bengal Bihar Gambling Act.

Prosecution case in nutshell is that petitioners along with some other co-accused persons were committing offences like cyber fraud. All are arrested

Patna High Court CR. MISC. No.12697 of 2023(2) dt.05-05-2023 2/3 and their laptop, battery, inverter etc were seized. After analyzing the same, it was found that they were working in online gaming company Betbhai9.com and betbahi.com for making user ID and transfer the fund in any bank account.

It is submitted by learned counsel for the petitioner that the petitioners are innocent and they have falsely been implicated in the present case. Neither any complain of cheating has been made before the police nor any receipt or documents has been has been produced by the informant before the police in support of the allegation levelled against them. There is no specific the allegation levelled against them rather the allegation levelled against them is general and omnibus. No any incriminating articles has been recovered from the possession of the petitioners. It is also submitted that petitioners are student and they are languishing in judicial custody since 14.10.2022.

Learned APP appearing for the State has

Patna High Court CR. MISC. No.12697 of 2023(2) dt.05-05-2023 3/3 vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioners is directed to be enlarged on bail in connection with Basnahi P.S. Case No. 194 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Saharsa.

(Sunil Kumar Panwar, J) Nirajkrs/lata/- U T