Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30424 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Cyber P.S. District- Nalanda ====================================================== Santosh Kumar S/O Late Sunil Yadav R/O Village- Chakpur, P.S- Asthawan, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nalanda Cyber P.S. Case no. 2 of 2024 registered under sections 420, 466, 467, 471, 474, 120B and 34 of the Indian Penal Code and sections 66, 66C and 66D of the I.T. Act.

3. As per the prosecution case, the informant states that on the statement of co-accused Kundan Chaudhary recorded in connection with Nalanda Cyber P.S. Case no. 104 of 2023, a raid was conducted. The petitioner was caught and from the possession of the petitioner large number of articles including 20 adhar cards, 17 debit cards, 17 passbooks, 6 cheque books, 2

Patna High Court CR. MISC. No.30424 of 2024(3) dt.26-07-2024 2/3 pan cards, 14 sim cards besides other articles as mentioned in the F.I.R was recovered. It is stated that the petitioner along with other co-accused are into commission of cyber crime.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on the basis of the statement of co-accused made before police in another case. With respect to the allegedly seized articles it is submitted that no incriminating article has been seized from the petitioner's possession and it is for this reason that there is no seizure list available on record. The petitioner has no criminal antecedent and he is in custody since 6.1.2024. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner having been caught and in presence of the petitioner, large number of articles as given in detail in the F.I.R having been recovered from the house of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his

Patna High Court CR. MISC. No.30424 of 2024(3) dt.26-07-2024 3/3 prayer for bail after four months in custody or on framing of charge, whichever is later.

(Partha Sarthy, J) Harsh/- U T