Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49109 of 2024 Arising Out of PS. Case No.-30 Year-2023 Thana- Cyber P.S. District- Samastipur ====================================================== Roushan Kumar Son of Munna Mandal Resident of Vill- Baghauni, P.S.- Baheri, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2024 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. 30/2023 dated 19.09.2023 registered for the offence punishable u/s 406 and 420 of the Indian Penal Code and Sections 66(c) and 66(d) of the I.T. Act.

3. As per the prosecution case, unknown miscreants are alleged to have withdrawn Rs. 20,000/- from the bank account of the informant by using Aadhar card.

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

Patna High Court CR. MISC. No.49109 of 2024(2) dt.31-07-2024 2/2 possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the selfconfessional statement. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.10.2023.

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, Samastipur in connection with Cyber P.S. Case No. 30/2023, 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 bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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