Patna High CourtCR. MISC./35063/2024bail granted

Md. Shakim v. The State Of Bihar

2024-09-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35063 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- Cyber P.S. District- Purnia ====================================================== Md. Shakim S/o Md. Rahamaan RESIDENT OF GARAIYA WARD NO. 5, LOLOKHAR, PS KUARI DISTRICT ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Cyber P.S. Case No. 55 of 2023, registered for the offences punishable under Sections 419, 420, 467, 468, 471, 379/34 of the IPC and sections 66(C), 66(D) and 66(F) of the IT Act, 2000 and under section 17 of the UAP Act.

3. The prosecution case, in brief is that the mobile set of the informant was lost when he was going to appear in a marriage ceremony. The next allegation is that someone had withdrawn money by using his mobile set.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. It has further been submitted that petitioner is a person of clean antecedent and is under custody since 08.12.2023. He has also submitted

Patna High Court CR. MISC. No.35063 of 2024(5) dt.18-09-2024 2/2 that on exactly similar footing, co-accused Sushil Kumar Sah and Shahnawaz Alam have been granted bail by this Court vide order dated 12.09.2024 passed in Cr. Misc. No. 32414 of 2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Cyber P.S. Case No. 55 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall remain present physically on each and every date before the court below. In case of failure on two consecutive dates, the learned court below shall cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey, J) kundan/- U T