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Patna High CourtCR. MISC./17168/2024bail granted

Mantu Kumar v. The State Of Bihar

2024-03-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17168 of 2024 Arising Out of PS. Case No.-29 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== MANTU KUMAR SON OF JITENDRA KUMAR @ JITENDRA PRASAD RESIDENT OF VILLAGE - HARNARAYANPUR, ASARHI, POLICE STATION - NARDIGANJ, DISTRICT - NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379, 420, 414, 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code & Sections 66, 66(B), 66(c) and 66(D) of the I.T. Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is further submitted that the informant alleges that an amount of Rs.57,900/- was withdrawn from her account on different dates without her knowledge. It is next submitted that during the course of investigation, the name of the petitioner transpired in the confessional statement of Ajay in police custody, which does not

Patna High Court CR. MISC. No.17168 of 2024(2) dt.20-03-2024 2/2 have any evidentiary value. It is also submitted that from possession of Ajay, certain incriminating articles were recovered. It is next submitted that the name of Santosh, Manoj, Rakesh and Sanjeev also transpired in the confessional statement of Ajay. It is next submitted that Santosh along with three others had moved this court seeking anticipatory bail by filing Cr. Misc. No. 2173/2024, which was allowed by a learned co-ordinate Bench of this Court by an order dated 31.01.2024. The learned counsel thus seeks anticipatory bail based on parity.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Cyber P.S. Case No.29/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T