Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43280 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- Cyber P.S. District- Muzaffarpur ====================================================== Jitendra Kumar S/o Shyam Nandan Sharma R/o vill - Bhatandi, P.S. - Sahebganj, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Adv.
For the Opposite Party/s :
Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 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 Cyber P.S. Case No. 29 of 2024 dated 14.03.2024 registered for the offences punishable u/ss 419, 420 and 170 of the Indian Penal Code and Section 66(c)/ (D) of the I.T. Act.
3. As per the prosecution case, the informant got a call from this number 911243660525 claiming to be from administration. They told the informant that his son was caught in a rape case with his friend and he has to pay Rs. 75,000/- if he wants to save his son otherwise his son's career will be ruined. They gave a PNB bank account number
Patna High Court CR. MISC. No.43280 of 2024(2) dt.02-07-2024 2/3 (0713100100006920) to the informant to deposit the amount. The informant followed the instruction and deposited the said amount. It is further alleged that after some time, the informant came to know that it was a cyber fraud.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case merely on suspicion. It is further submitted that the said bank account number and the mobile number do not belong to the petitioner. The petitioner is running CSP Center and for running the center, the petitioner got license and as such, the customers use to leave their cards, pass-book, ATM, PAN Card in the office of the petitioner and the petitioner used to keep the same in his custody so recovery of the said documents never shows that the petitioner is a guilty person. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.43280 of 2024(2) dt.02-07-2024 3/3 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, Muzaffarpur in connection with Cyber P.S. Case No. 29 of 2024 with the 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 cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T