Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42920 of 2024 Arising Out of PS. Case No.-163 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Akash Kumar SON OF LATE UMESH PRASAD VILLAGE- SAKRAMA, PS- ASTHAWAN, DIST- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 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 Sheikhopur Sarai P.S. Case No. 163 of 2023 dated 26.08.2023 registered for the offences punishable under sections 406, 419, 420, 467, 468, 471, 120B, 379/34 of the Indian Penal Code.

3. As per the prosecution case, the informant received confidential information about people near village Panchi engaged in fraudulent activity under offering jobs at Himalaya company. Two suspects identified as Raju Kumar and Suraj Kumar were apprehended, and from their possession multiple

Patna High Court CR. MISC. No.42920 of 2024(2) dt.01-07-2024 2/3 mobile phones and SIM Cards were recovered. The accused is engaged in cyber fraud.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has been made accused in this case merely on the basis of disclosure of other co-accused person. The petitioner has three criminal antecedents out of which in two cases he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 23.03.2024.

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, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 163 of 2023, with a condition:

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.42920 of 2024(2) dt.01-07-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T