Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39169 of 2024 Arising Out of PS. Case No.-8 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Munna Kumar S/o Bhola Prasad Resident of Village- Bhanail Lodipur, P.S.- Nemdarganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2024 Heard Mr. Man Mohan Kumar, learned counsel for the petitioner and Mr. Ajay Kumar Jha, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.11.2023 in connection with Nawada Cyber P.S. Case No. 08 of 2023, F.I.R. dated 23.06.2023 for the offences punishable under Sections 379 and 420 of the Indian Penal Code and Section 66(C) of the Information Technology Act and later on Sections 419, 467, 468, 471 and 120(B) of the Indian Penal Code were added.

3. According to prosecution case, the informant has lodged the F.I.R against the unknown regarding the fraud of Rs. 40,000/- which was withdrawn from her bank account on four different occasions.

Patna High Court CR. MISC. No.39169 of 2024(4) dt.18-09-2024 2/3

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused persons, namely, Suraj Kumar and Ritesh Kumar and except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 22.11.2023.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Cyber P.S. Case No. 08 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.39169 of 2024(4) dt.18-09-2024 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T