Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18568 of 2024 Arising Out of PS. Case No.-33 Year-2023 Thana- Cyber P.S. District- Muzaffarpur ====================================================== Chandan Kumar S/O- Late Bhola Mahto R/O- Village- Dighra Rampur Sah, P.O.- Dighra Rampur Sah, P.S.- Sadar, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dhananjay Kumar Singh, Advocate For the State :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Muzaffarpur Cyber P.S. Case No. 33 of 2023 instituted for the offence under Sections 379, 420 of the Indian Penal Code and Sections 66(c) & 66(D) of the IT Act.

3.

Prosecution case in short is that informant is the manufacturer of bakery products and he had given 30 bags of biscuits to the petitioner, but petitioner has not paid any amount for the same.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.18568 of 2024(2) dt.14-03-2024 2/3 that the petitioner is in custody since 21-12-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Shaikh Hassanuz-Zaman @ Shaikh Hasan-ul--Zaman, who has been granted bail by the court below itself. No incriminating article has been recovered from the possession of the petitioner. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and nature of accusation, this Court is inclined to grant bail to the petitioner.

8.

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 Court below/concerned Court in connection with

Patna High Court CR. MISC. No.18568 of 2024(2) dt.14-03-2024 3/3 Muzaffarpur Cyber P.S. Case No. 33 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T