Kundan Kumar @ Kundan Choudhary @Kundan Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41558 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- Cyber P.S. District- Nalanda ====================================================== Kundan Kumar @ Kundan Choudhary @ Kundan Kumar Choudhary Son Of Late Ranjeet Choudhary Village- Chakbai, P.S.- Warisaliganj, Dist- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nalanda Cyber P.S. Case No. 104 of 2023 dated 18.10.2023 registered for the offences punishable under sections 406, 419, 420, 467, 468, 471, 120B, 504, 506 of the Indian Penal Code and sections 66, 66C, 66D of the Information Technology Act.
3. As per the prosecution case, the allegation against the petitioner is of cheating Rs. 50,000/- fraudulently on Instagram on the pretext of selling mobile on E.M.I. One mobile phone, cash amount Rs. 39,500/- was also recovered from the possession of the petitioner.
Patna High Court CR. MISC. No.41558 of 2024(2) dt.19-06-2024 2/2
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. On the basis of disclosure made by Spy the police has allegedly recorded that the mobile no. 7209516439 belonging to the petitioner and without verifying the said information petitioner has been arrested showing recovery of the alleged mobile. The petitioner is in custody since 05.01.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection with Nalanda Cyber P.S. Case No. 104 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T