Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39672 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- SARE District- Nalanda ====================================================== DEEPAK KUMAR Son of Pankaj Ram Resident of village - Mohabbatpur, P.S.- Sheikhopur Sarai, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sare P.S. Case no. 63 of 2022 instituted for the offence under Sections 420, 414/34 of the Indian Penal Code and Section 66 of the I.T. Act.

As per allegation in the FIR, when the informant along with other police officials reached near Gas Godown, after seeing the police party the persons who were sit in the Scorpio tried to fleeing away but driver of the vehicle apprehended on spot. The apprehended person disclosed the name of petitioner and stated that petitioner and other coaccused are engaged in Cyber crime and on false assurance of

Patna High Court CR. MISC. No.39672 of 2022(2) dt.02-12-2022 2/3 giving service to the innocent persons, take money from their bank account after making forgery.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The name of the petitioner has been transpired in this case on the basis of confessional statement of apprehended co-accused namely, Rahul Kumar which has got no evidentiary value in the eye of law. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner has no concern either with the arrested co-accused or with the seized vehicle.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sare P.S. Case no. 63 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.39672 of 2022(2) dt.02-12-2022 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Nalanda at Biharsharif subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T