Shivran Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25669 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Shivran Kumar son of Ashok Paswan, Village- Paingari PS- Warisaliganj Dist- 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 :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his 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 from their possession 5 mobiles, 134 printed data, 9 SIMs in

Patna High Court CR. MISC. No.25669 of 2024(2) dt.17-05-2024 2/3 packed condition, one motorcycle etc. were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was neither arrested on the spot nor anything was recovered from his possession. Except confessional statements of co-accused Deepak Kumar and others, there is nothing material against the petitioner. Petitioner has one criminal antecedent in which he is on bail. 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. The petitioner undertakes 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 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) 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, subject to the

Patna High Court CR. MISC. No.25669 of 2024(2) dt.17-05-2024 3/3 conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T