Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50335 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Raj Kumar Son of Ashok Paswan Resident of Village- Nirpur, P.S.- Shekhopur Sarai, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Nandan Prasad, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Shekhopur Sarai P.S. Case No. 65 of 2024 instituted for the offences under Sections 406, 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.
3. As per prosecution case, the accusation against the petitioner is of being actively involved Cyber crime along with other gang members. It is alleged the accused persons used to cheat the innocent people in the name of getting them loan from the bank.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.50335 of 2024(3) dt.21-09-2024 2/3 against him and has falsely been implicated in the present case due to suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged offence. He has also no concern with the alleged mobile as well as the other co-accused persons. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.05.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is the active member of the gang involved in Cyber crime and, thus, he does not deserve bail.
6. 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 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
Patna High Court CR. MISC. No.50335 of 2024(3) dt.21-09-2024 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Shekhopur Sarai P.S. Case No. 65 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T