Surya Pratap Kumar @ Surya Pratap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35746 of 2023 Arising Out of PS. Case No.-834 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== Surya Pratap Kumar @ Surya Pratap Son Of Manoj Singh @ Manoj Kumar Resident Of Village- Mohabbatpur, P.S.- Shekhopur Sarai, Distt- Shekhpura Present Address- Kachhuara, P.S.- Gopalpur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Priya,Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 22.12.2022 in connection with Patrakar Nagar P.S. Case No. 834 of 2022, F.I.R. dated 21.12.2022 registered for the offence punishable under Sections 419, 420, 467, 468, 471, 472, 474, 475, 120B of the Indian Penal Code and Sections 66(C) and 66(D) of the Information and Technology Act, 2000.

3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons in this case.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has

Patna High Court CR. MISC. No.35746 of 2023(3) dt.27-07-2023 2/3 falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not indulged in any Cyber Crime as alleged in the FIR and there is non-compliance of Section 100 of the Cr.P.C. and the co-accused, namely, Anjish Kumar has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 07.06.2023 passed in Cr. Misc. No.33021 of 2023.

5. Learned APP for the State, on the other hand, on the basis of the material available on the record and the case diary, has opposed the prayer for bail of the petitioner and submits that more than 16 ATM Cards, number of mobile phones, number of passbooks and other passbooks as well as cheque books etc have been recovered from possession of the petitioner and the petitioner is a member of Cyber Fraud Gang and during investigation sufficient material has come against the petitioner to suggest the involvement of the petitioner in the present case as well as with respect to other co-accused person, only 03 ATM cards and mobile phone has been recovered from possession of co-accused.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Patrakar Nagar P.S. Case No. 834 of 2022, pending in the court of

Patna High Court CR. MISC. No.35746 of 2023(3) dt.27-07-2023 3/3 learned Judicial Magistrate, 1st Class, Court No.23, Sadar Patna.

7. Prayer is refused.

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