Patna High CourtCR. MISC./46390/2024bail granted

Raja Kumar v. The State Of Bihar

2024-07-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46390 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- Cyber P.S. District- Sheikhpura ====================================================== Raja Kumar Son of Upendra Prasad @ Upendra Prasad Yadav Resident Of Village - Rajauli, P.S. - Rajauli, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sheikhpura (Cyber) P.S. Case No. 10 of 2024 instituted for the offences under Sections 419, 420 of the Indian Penal Code and Section 66(C), 66(D) of the I.T. Act, 2008.

3. As per prosecution case, the accusation against the co-accused persons including the present petitioner is of being involved in the alleged cyber crime.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has

Patna High Court CR. MISC. No.46390 of 2024(3) dt.19-07-2024 2/3 surfaced in this case on the basis of the confession of the coaccused Pinku Kumar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner or from his house. The co-accused persons were identified on the basis of C.C.T.V. footage but, the petitioner was not seen in the footage. The petitioner has no concern with the alleged illegal activities of the co-accused persons. Except confession of the co-accused, there is not an iota of evidence in the entire record of the case. He again submits that the date of alleged occurrence was 10.03.2024 but, the F.I.R. was lodged on 13.3.2024 without explaining the valid cause for such delay. The petitioner has no criminal antecedent and is languishing in judicial custody since 08.04.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Rajeev Kumar has been granted bail by this Court vide order dated 03.07.2024 passed in Cr. Misc. No. 45986 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner

Patna High Court CR. MISC. No.46390 of 2024(3) dt.19-07-2024 3/3 and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpura (Cyber) P.S. Case No. 10 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T