Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31198 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- Cyber P.S. District- Madhepura ====================================================== Rupesh Kumar S/o Anil Yadav R/o Village- Lakshminiya, P.S.- Ghailadh, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard Mr. Bidhu Ranjan, learned counsel for the petitioner and Mr. Satyendra Narayan Singh, learned APP for the State.
2. The petitioner has prayed for bail in connection with Cyber P.S. Case No. 75 of 2024 registered for the offence punishable under Sections 303(2), 318(4), 338, 336(3), 3(5) of the BNS Act and Sections 66(c), 66(d) of the I.T. Act.
3. As per the prosecution case, on secret information that four persons assembled near Lakshminia Panchayat Bhawan, Ram Nagar Road, then the informant along with police personnel reached there. On seeing the police, four persons tried to flee away but they were apprehended. From the possession of this petitioner, two ATM card and a mobile was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Counsel submits that there is no evidence to show that any withdrawal has
Patna High Court CR. MISC. No.31198 of 2025(2) dt.20-05-2025 2/2 been made from those ATMs. It has also been submitted that similarly situated other co-accused namely, Ujjwal Kumar and Rajmani Kumar have been granted bail by Co-ordinate Bench of this Court vide order dated 14.05.2025 in Cr. Misc. No. 29083 of 2025 and vide order dated 14.05.2025 in Cr. Misc. No. 27476 of 2025 respectively. He submits that the case of this petitioner stands on similar footing. Counsel also submits that a statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Counsel further submits that the petitioner is languishing in judicial custody since 30.12.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Madhepura in connection with Cyber P.S. Case No. 75 of 2024. (Ashok Kumar Pandey, J) Sudhanshu/- U T