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Patna High CourtCR. MISC./20355/2025bail granted

Sagar Kumar @ Chetan Kumar v. The State Of Bihar

2025-04-23Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20355 of 2025 Arising Out of PS. Case No.-65 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Sagar Kumar @ Chetan Kumar Son of Bindeshwari Prasad Manda Resident of village -Sarbahdi P.S.- Manpur District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Manpur P.S. Case No. 65 of 2024, dated 10.05.2024 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120B/34 of the IPC and Section 66(C), 66(D) of I.T. Act.

3. As per allegation, the FIR named accused persons are involved in cyber fraud by giving loan on low interest rate in the name of Dhani Finance and Bajaj Finance and the case against the petitioner is that in the confessional statement of FIR named accused persons, he is also involved in the alleged offence and as per recovery, some mobiles and list of the persons with mobile numbers and loan account numbers have

Patna High Court CR. MISC. No.20355 of 2025(2) dt.23-04-2025 2/3 been recovered from the possession of the FIR named accused persons. But there is no details of any cyber crimes committed by the accused persons, either by the named accused persons or even the present petitioner whose name has transpired in the confessional statement of co-accused.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR and he is no way connected with the alleged offence. He further submits that name of the petitioner has transpired only in the confessional statement of co-accused, which has no evidentiary value.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender

Patna High Court CR. MISC. No.20355 of 2025(2) dt.23-04-2025 3/3 before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Manpur P.S. Case No. 65 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T