Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53476 of 2024 Arising Out of PS. Case No.-566 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Rohit Kumar Son of Upendra Prasad R/O Vill.- Sonbarsa, P.s.- Warisaliganj, Dist.- Nawada 2.

Vikash Kumar Son of Ramrup Mahto R/O Vill.- Sonbarsa, P.s.- Warisaliganj, Dist.- Nawada 3.

Mithu Kumar Son of Umesh Prasad R/O Vill.- Sonbarsa, P.s.- Warisaliganj, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in Warisaliganj P.S. Case No. 566 of 2023, registered under Sections 420, 467, 468, 471, 120(B), 34 of the Indian Penal Code and Sections 66(B), 66(D) of the Information Technology Act, 2000.

3. The prosecution case, in short, is that, on receipt of information that some persons involved in cyber crime are trying to cheat the innocent persons in the name of advancing loan.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.53476 of 2024(2) dt.02-08-2024 2/2 petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioners are not named in the F.I.R., their names have transpired on the basis of confessional statement made by the co-accused persons and the same has got no evidentiary value. The petitioners were not present at the spot on the date of alleged occurrence. The petitioners have got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. Case No. 566 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T