Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49460 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Akash Kumar S/o Dilip Singh @ Dilip Prasad R/o Village-Paingari, P.S.- Warsaliganj, District-nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar, Advocate For the Opposite Party/s :
Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in Cyber P.S. case No. 61 of 2023 registered under Sections 414, 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 66, 66(B), 66(C), 66(D) of the Information Technology Act.
3. The prosecution allegation, in short, is that the accused persons including the petitioner are indulged in cyber crime. It is further alleged that they enticed the innocent people and committed fraud with them. On information when police reached, on seeing the police party, 20-25 persons started fleeing away out of which nine were apprehended and one motorcycle
Patna High Court CR. MISC. No.49460 of 2024(2) dt.19-07-2024 2/3 and other documents were recovered.
4. It has been submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. The petitioner has got one criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is engaged in dairy business and he has no concern with the kind of activities as disclosed in the first information report. In course of investigation, nothing adverse has come against the petitioner. No person has come forward claiming to have been cheated by the petitioner in any manner. Co-accused has been granted anticipatory bail by a Coordinate Bench of this Court vide orders dated 27.03.2024 passed in Cr. Misc. No. 24805 of 2024 and Cr. Misc. No. 25301 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances and claim based on parity, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court
Patna High Court CR. MISC. No.49460 of 2024(2) dt.19-07-2024 3/3 below/concerned Court in connection with Cyber P.S. case No. 61 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rudra Prakash Mishra, J) Pankaj/- U T