Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20269 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Kundan Kumar S/O Late Nand Lal Mistri R/O Village- Masuda, P.SWarisaliganj, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan Kumar, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-08-2024 Heard the parties.

2. The petitioner seeks bail in connection with Warsaliganj P.S. Case No. 632 of 2023 registered for the offence under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 66, 66(B), 66(D) of the I.T. Act, 2000.

3. The petitioner is named in the F.I.R.

and is in custody since 20.12.2023.

4. The allegation against petitioner is to cheat innocent peoples under the garb of M/s Dhani Finance, after asking their bank details by creating forged Social Media Id.

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5. Learned counsel appearing on behalf of the petitioner submitted that on the basis of information as received from unknown sources, the police conducted raid and while conducting so apprehended accused petitioner alongwith other co-accused persons. It is submitted that the implication arises out of suspicion only as petitioner started to run away on arrival of police. It is further submitted that mobile as alleged to be recovered from the petitioner is not a stolen one rather same was purchased by petitioner himself, this fact was stated to be averred on affidavit. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP, opposes the prayer of bail.

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7. Considering the facts and circumstances as mentioned above as the implication of petitioner appears on the basis of self confession, where nothing incriminating prima facie recovered, which may suggest involvement of petitioner in alleged cyber fraud, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 20.12.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Warsaliganj P.S. Case No. 632 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Sudha/- U T

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