Bablu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42627 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- Cyber P.S. District- Sitamarhi ====================================================== BABLU RAI SON OF DEVENDRA RAI VILLAGE- KADWARA, P.S.- SAHIYARA, DISTT.- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42659 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- Cyber P.S. District- Sitamarhi ====================================================== SAROJ KUMAR @ SAROJ RAI @ SANOJ KUMAR SON OF DEVENDRA YADAV VILLAGE- BASAHA, P.S.- BAJPATTI, WARD NO. 8, DISTT.- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 42627 of 2024) For the Petitioner/s :
Mr. Sharda Nand Mishra, Adv.
Mr. Dhandev Kumar, Adv.
Mr. Atul Kumar, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP (In CRIMINAL MISCELLANEOUS No. 42659 of 2024) For the Petitioner/s :
Mr. Sharda Nand Mishra, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Sitamarhi Cyber P.S. Case No. 33 of 2024 dated 31.03.2024 registered for the
Patna High Court CR. MISC. No.42627 of 2024(3) dt.01-08-2024 2/3 offences punishable under sections 255, 406, 420, 467, 468, 471, 120B of the Indian Penal Code and 66C, 66D of the I.T. Act.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed forgery in withdrawing money from the bank account of innocent people by taking their thumb impression.
4. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioners. The petitioners has no concern with the alleged offence. The name of the petitioners have come in the present case on the basis of the confessional statement of the co-accused Ramesh Kumar which has got no evidentiary value in the eye of law. It is further submitted that the co-accused Md. Siraz @ Md. Shiraj has been granted bail by a Bench of this Court vide order dated 10.07.2024 in Cr. Misc. No. 39087 of 2024. The petitioner, Bablu Rai has one criminal antecedent and the petitioner, Saroj Kumar @ Saroj Rai @ Sanoj Kumar has two criminal antecedents as stated in para 3 of the bail petition. The petitioners is in custody since 01.04.2024.
Patna High Court CR. MISC. No.42627 of 2024(3) dt.01-08-2024 3/3
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi Cyber. P.S. Case No. 33 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T