Prabhat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16454 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- Cyber P.S. District- Purnia ====================================================== Prabhat Kumar Son Of Manoj Mandal Resident Of Village - Durgapur Singhiyan Sundar, Ps- Bhawanipur, Distt- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Cyber P.S. case No. 49 of 2023 instituted for the offences under Sections 419, 420, 379, 34 of the Indian Penal Code and Sections 66(c), 66(D) of the I.T. Act.
3. Prosecution allegation, in short, is that the petitioner along with co-accused persons were indulged in cyber fraud pertaining to opening of bank account. Several Aadhaar Cards, mobile phones and other documents were recovered from their possession.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.16454 of 2024(2) dt.18-03-2024 2/3 the petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. So far the recovery of ATM cards and PAN cards are concerned, the same belong to the petitioner. There is no allegation of withdrawing any money with said ATM cards. It is lastly submitted that there is no compliance of Section 100 of Cr.P.C. Co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 13.03.2024 passed in Cr. Misc. No. 16906 of 2024.
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 of the petitioner, the period of custody undergone by the petitioner and the claim based on parity, 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
Patna High Court CR. MISC. No.16454 of 2024(2) dt.18-03-2024 3/3 Court below/concerned Court in connection with Cyber P.S. case No. 49 of 2023.
(Rudra Prakash Mishra, J) Pankaj/- U T