Patna High CourtCR. MISC./20519/2024bail granted

Laxman Kumar v. The State Of Bihar

2024-03-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20519 of 2024 Arising Out of PS. Case No.-68 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Laxman Kumar Son of Mahesh Ravidas Resident of Village-Farha, Police Station-Akbarpur, District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nawada Cyber P.S. case No. 68 of 2023 instituted for the offences under Sections 414, 419, 420, 467, 468, 471, 120B of the Indian Penal Code read with Sections 66, 66(B), 66(c), 66(D) of the I.T. Act.

3. Prosecution case, in short, is that, on the basis of secret information, police raided the House of the Munna Kumar @ Deepak Kumar and arrested eight accused persons including this petitioner. It is alleged that petitioner and other co-accused persons were found involved in cheating the innocent people in the name of All India Pregnant Job by making false claim of providing pregnancy to those who could

Patna High Court CR. MISC. No.20519 of 2024(2) dt.22-03-2024 2/3 not conceive.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Petitioner has no concern with the alleged scheme run by co-accused Munna Kumar @ Deepak Kumar. Except mobile, no incriminating article has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.12.2023 and has no criminal antecedent. He further submits that the co-accused Gopal Das has been granted bail by this Court vide order dated 21.03.2024 passed in Cr. Misc. No. 18593 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, no direct allegation as also the period of custody undergone by the petitioner and taking into account the prayer for bail based on parity, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.20519 of 2024(2) dt.22-03-2024 3/3

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 Court below/concerned Court in connection with Nawada Cyber P.S. case No. 68 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T