Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30040 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Mukesh Kumar S/o Umesh Prasad Singh @ Umesh Singh Resident of Village Karandey, P.S. Karandey, District Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Raj, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Warisaliganj P.S. case No. 05 of 2024 instituted for the offences under Sections 420, 467, 468, 471, 34, 120B of the Indian Penal Code and 66(B)/66(D) of the IT Act.

3.

Prosecution case, in short, is that all the FIR named accused persons including this petitioner and 15-20 unknown persons are alleged to have been involved in the cyber fraud. It is further alleged that there is recovery of two mobile phones and 13 pages customer data.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.30040 of 2024(2) dt.19-04-2024 2/2 present case merely on the basis of suspicion. Nothing incriminating has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the alleged recovery. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.01.2024 and has no criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 18-03-2024, passed in Cr. Misc. No. 19381 of 2024. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, claim based on parity, clean antecedent, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. case No. 05 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T