Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16326 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Dilkhush Kumar Son Of Srikant Singh Resident Of Village-Sadipur, Police Station-Warsaliganj, District-Nawada.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sarita Kumari For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 420, 467, 468, 131, 120(B)/34 of the Indian Penal Code and Section 66, 66(B), 66(D) of I.T. Act.

Allegation against the petitioner and other coaccused persons is that they are involved in defrauding people through online fraud.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.16326 of 2024(2) dt.12-03-2024 2/3 falsely been implicated in the present case merely on the fact that he was present near the alleged place of occurrence. It is also submitted that place of occurrence is an open field (Bagicha). Nothing incriminating has been recovered from the conscious possession of the petitioner and the seized mobile phone belongs to the petitioner. Moreover, the petitioner is languishing in judicial custody since 05.01.2024. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned APP appearing for the State has 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 petitioner is directed to be enlarged on bail in connection with Warsaliganj P.S. Case No. 05 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.16326 of 2024(2) dt.12-03-2024 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada.

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