Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53629 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- Cyber P.S. District- Saran ====================================================== Manish Kumar SON OF RAJESH PRASAD @ DINESH PRASAD villagekasturi , p.s- islampur, district- nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Adv For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 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 Saran Cyber P.S. Case No. 57 of 2024 dated 07.03.2024 registered for the offences punishable u/s 419, 420 of the Indian Penal Code and Section 66C, 66D of the Information Technology Act.

3. As per the prosecution case, on 06.03.2024 the complainant went to Dighwara Branch of the State Bank of India and complained that from his phone-pay account the money was not being transferred. The Bank officially informed him that there was no issue from the bank's end and suggested him to talk to the Customer Care of phone-pay as his limit has

Patna High Court CR. MISC. No.53629 of 2024(3) dt.08-10-2024 2/3 been closed. Further, the Bank told him that total Rs. 8,11,927/- has been withdrawn from his account by the holder of mobile no. 08068727374 and 7810927899.

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 transpired during the course of investigation. The petitioner has no concern with the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.04.2024.

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 and the nature of allegation levelled against the petitioner 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, Saran in connection with Saran Cyber P.S. Case No. 57 of 2024, with a condition/s:-

Patna High Court CR. MISC. No.53629 of 2024(3) dt.08-10-2024 3/3 (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) Jyoti/- U T