Amit Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49293 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- Cyber P.S. District- Saharsa ====================================================== Amit Kumar Verma, aged about 28 years (M), S/o Santosh Kumar Verma, R/o vill - Shivpuri, Ward No.14, P.S. and Distt. - Saharsa ... ... Petitioner

Versus

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

For the Petitioner :

M/S. Sharda Nand Mishra, Shambhabhi Vats, Dhandev Kumar, Atul Kumar and Isha Mishra, Advocates For the Opposite Party :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Cyber (Saharsa) P.S. Case No. 33 of 2024 dated 12.05.2024 registered for the offences punishable under Sections 406, 419, 420, 465, 467, 468, 471, 120B of the I.P.C., Sections 66, 66C, 66D of the I.T. Act and Section 3⁄4 of the Public Gambling Act.

3. As per the prosecution case, police arrested five accused persons and on search, one Laptop, one Tab and different articles were recovered from their possession. It is further submitted that all the accused persons were involved in cyber crime and used to cheat the innocent people after taking

2/4 their Aadhar Card, Pan Card and details of bank accounts. It is further alleged that the accused persons have also disclosed the name of the petitioner (Amit Kumar Verma) as a fleeing person from the place of occurrence.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the F.I.R. has been lodged against seven persons including the petitioner but police apprehended only five persons merely on the basis of suspicion the apprehended accused persons have disclosed the name of the petitioner as who fled away from the car from the place of occurrence. It is further submitted that the alleged recovered articles i.e., passbook of the petitioner and other co-accused persons, mobile, Laptop, ATM Card, Cheque Books and Passbook of the Bank which belongs to the petitioner. No incriminating article has been recovered from his possession.

It is further submitted that none of the aggrieved person has made complaint against the petitioner with regard to any alleged crime or transaction which clearly falsifies the prosecution case. He was not arrested on the spot. There is no specific allegation against the petitioner. He has no concern with the alleged offence.

3/4 Sinha @ Saurabh Kumar, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 54623 of 2024 under order dated 28.03.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case approximately one year i.e., 17.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner. It is further submitted that the prayer for regular bail of other co-accused person Abhimanyu Kumar has already been rejected by another Co-ordinate Bench of this Court vide Cr. Misc. No. 57786 of 2024 under order dated 21.08.2024.

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, 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 the learned C.J.M. Saharsa in connection with Cyber (Saharsa) P.S. Case No. 33 of 2024 with further 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

4/4 cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T