Subhash Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38732 of 2025 Arising Out of PS. Case No.-344 Year-2024 Thana- Cyber P.S. District- Saran ====================================================== SUBHASH PAL SON OF LATE KHUSHHAL SINGH Village - Purpursi - Muradnagar, Mohalla - Laxminagar, PS - Murad Nagar, District - Gaziabad, State- Uttar Pradesh, PIN- 201206 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shantanu Kumar, Adv For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-06-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
2. The petitioner seeks regular bail in a case registered for the offences punishable under Section 66(c) and 66(d) of the Information Technology Act and 303 (2), 318(4) and 319(2) of the B.N.S.
3. The prosecution case is to the effect that the informant namely Vikash Kumar gave a written report stating therein that he was duped of Rs. 45,86,000/- by the named accused persons, namely, Tushar Pal and Akansha Singh in whose account he had transferred the part of the amount and on such allegations the case was registered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.38732 of 2025(2) dt.20-06-2025 2/3 petitioner is not named in the F.I.R., and he happens to be the father of the accused Tushar Pal and it was on account of the search of the said Tushar Pal and Akansha Singh, the I.O. of the case arrested the petitioner from his house. The learned counsel next submits that the petitioner was not even named in the FIR and from perusal of the paragraph-66 of the case diary, it has been stated that the arrest is necessitated only because the accused persons used to frequently change their address. The learned counsel lastly submits the petitioner has clean antecedent and he is languishing in jail since 23.12.2024
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the fact that the petitioner was not named in the FIR and he happens to be father of the accused Tushar Pal and also taking into consideration the clean antecedent coupled with the fact that the petitioner is in custody since 23.12.2024, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra, in connection with Saran Cyber P.S. Case No. 344 of 2024, subject
Patna High Court CR. MISC. No.38732 of 2025(2) dt.20-06-2025 3/3 to the following conditions:- (i) One of the bailors will be close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T