Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27917 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Murari Kumar S/O Sri Umesh Singh R/O - Village-Belsha, P.S Warisaliganj, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Warisliganj P.S. Case No. 68 of 2024 instituted for the offence under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 66(c) & 66(d) of the I.T. Act. 3.

Prosecution case in short is that on the pretext of giving loan, accused persons including the petitioner were indulged in cyber fraud by taking money through phone-pay and other modes. It is further alleged that petitioner has cheated one

Patna High Court CR. MISC. No.27917 of 2024(2) dt.29-04-2024 2/3 Mr. Prajapati Bhagat by taking Rs. 4,000/-.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-02-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no independent witness in the occurrence. Further, there is delay of one day in lodging of the FIR. No incriminating article has been recovered from the possession of the petitioner. So far as recovery of mobile phone is concerned, the same belongs to the petitioner. Petitioner is doing Hotel Management job in Crown Plaza, Toidy, New Delhi and on the alleged date of occurrence, he was in his village and was playing cricket with co-villagers, in the meantime, police came there and arrested him.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on

Patna High Court CR. MISC. No.27917 of 2024(2) dt.29-04-2024 3/3 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 Warisliganj P.S. Case No. 68 of 2024.

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