Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40883 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- Cyber P.S. District- Nalanda ====================================================== Chandan Kumar son of Bhushan Prasad R/O - Vill- Jahana P.S- Bind, DistNalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Thakur Mrs. Vaishnavi Singh For the Opposite Party/s :
Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-06-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in connection with Nalanda Cyber P.S. Case No. 21 of 2024 registered for the offence under Sections 406, 419, 420, 466, 467, 471, 474, 120(B) of the I.P.C. and Sections 66(C), 66(D), 66(B) of the Information Technology Act.
3. The petitioner is named in the F.I.R. and is in custody since 01.03.2024.
4. The allegation against the petitioner is to transfer illegal sum of Rs. 24,000/- (Twenty Four Thousand Rupees) which was due to informant as scholarship granted by Government of Bihar, under post-
Patna High Court CR. MISC. No.40883 of 2024(2) dt.11-06-2024 2/3 matric scholarship scheme.
5. Mr. Ajay Kr. Thakur, learned counsel appearing on behalf of the petitioner submitted that out of certain confusion as the name of the sister of petitioner is also Puja Kumari, as of informant, the present transaction was made. It is submitted that the confession is extra judicial in nature which is alleged to be made before the informant herself. It is also submitted that the said confession is also made before police. It is pointed out that the allegations against I.T. Act is baseless and without having any connecting evidence. It is submitted by Mr. Thakur that the person who is also an accused in this case namely Avinash Kumar is the co-tenant of the petitioner having authority to sanction the scholarship has already been granted bail by the learned trial court. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been
Patna High Court CR. MISC. No.40883 of 2024(2) dt.11-06-2024 3/3 submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of the facts and circumstances and by taking note of the nature of the accusations, coupled with fact that charge-sheet has already been submitted, where the petitioner is in custody since 01.03.2024, let the petitioner, above named, is directed to be released on bail in connection with Nalanda Cyber P.S. Case No. 21 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Sudha/- U T