Nageshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29344 of 2024 Arising Out of PS. Case No.-105 Year-2023 Thana- AMAUR District- Purnia ====================================================== Nageshwar Kumar, S/O Shambhoo Vishwas @ Sambho Vishwas, R/O Chhapraili, Hakka, P.S- Amour, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

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

2. The petitioner seeks regular bail in connection with Amour P.S. Case No. 105 of 2023 for the offences registered under Sections 417, 419, 420, 465, 467, 468, 471, 472, 473, 474, 120(B) of the Indian Penal Code and Sections 66(C) and 66(D) of the Information Technology Act.

3. As per the prosecution case, during vehicle checking informant/ PSI of Amour P.S. apprehended co-accused Amit Kumar Ram who disclosed the name of petitioner and other accused persons as his associates who used to download the sale deed of other States and from the said sale deed they obtain the finger prints and Aadhar numbers and thereafter by making duplicate finger prints using rubber seal they used to withdraw the amount from the account of persons.

Patna High Court CR. MISC. No.29344 of 2024(3) dt.17-05-2024 2/2

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of disclosure made by co-accused Amit Kumar Ram. Nothing incriminating has been recovered from possession of the petitioner. Petitioner has no criminal antecedent. He is a young boy aged about 24 years. He is in judicial custody since 18.12.2023. It is further submitted that similarly situated co-accused, namely Navin Kumar @ Naveen Kumar has already been granted bail by this Court, vide order dated 31.01.2024 passed in Cr. Misc. No. 71580 of 2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Amour P.S. Case No. 105 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T