Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26402 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== 1.
Mantu Kumar Son of Krishna Yadav Resident of Village- Paingari, Police Station- Warisaliganj, District- Nawada 2.
Sunil Paswan Son of Sukhdeo Paswan Resident of Village- Paingari, Police Station- Warisaliganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Cyber P.S. Case No.61 of 2023 instituted under Sections 414, 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 66, 66B, 66C, 66D of the I.T. Act.
3. As per the prosecution case, the police officials, in course of raid against cyber offenders of Chakbai and Balwapar village on getting information that innocent persons are being cheated through mobile in the name of providing loan, reached at Paingree village and on seeing the police, 20-25 persons started fleeing away, out of which 9 persons were arrested and
Patna High Court CR. MISC. No.26402 of 2024(2) dt.17-05-2024 2/3 from their possession 5 mobiles, 134 printed data, 9 SIMs in packed condition, one motorcycle etc. were recovered.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioners were neither arrested on the spot nor anything was recovered from their possession. Except confessional statements of co-accused Deepak Kumar and others, there is nothing material against the petitioners. Petitioners have no criminal antecedent. It is also submitted that similarly situated co-accused, namely, Munna Kumar @ Rajesh Kumar has been granted anticipatory bail by this Court vide order dated 27.03.2024 passed in Cr.Misc.No.24507 of 2024. Petitioners undertake to cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Cyber P.S. Case No.61 of 2023,
Patna High Court CR. MISC. No.26402 of 2024(2) dt.17-05-2024 3/3 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T