Md. Nadim @ Md. Nadeem v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51464 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- Cyber P.S. District- Sitamarhi ====================================================== Md. Nadim @ Md. Nadeem S/o- Late Nasim Anhoni Village- Bagahi Devraj Ps- Lauriya Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63261 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- Cyber P.S. District- Sitamarhi ====================================================== Amandeep Raj Son of Dinanath Prasad Resident of Village - Siswa Basantpur, Police Station - Chautarwa, District - West Champaran (Motihari). ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 51464 of 2024) For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
Mr.Arvind Kumar, Adv.
For the Opposite Party/s :
Mr.Satya Nand Shukla (In CRIMINAL MISCELLANEOUS No. 63261 of 2024) For the Petitioner/s :
Mr.Madhubala Verma, Adv.
For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-09-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
2. The petitioners are seeking regular bail in connection with Sitmarahi Cyber P.S. Case No. 37 of 2024 for the offences punishable under Sections 379, 420 of the IPC and Sections 66(c), 66(e), IT Act, 2000.
3. As per prosecution case, some unknown persons
Patna High Court CR. MISC. No.51464 of 2024(3) dt.17-09-2024 2/3 called on the mobile of the informant numbered as 7765946015 from different four mobile numbers and in the name of offering Sofa, Lahanga, articles of make-up, I-phone, etc, cheated Rs. 4,40,000/- which is said to have been sent by the informant through Pay Phone, Google Pay, Paytm in different accounts.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. He has further submitted that nothing was recovered from their possession. He has also submitted that on exactly similar footing, co-accused Roshan Kumar and Vivek Kumar have been granted bail by this Court in Cr. Misc. Nos. 52390 of 2024 and 55496 of 2024 respectively. The petitioners are the persons of clean antecedent and are under custody since 26.04.2024.
5. On the other hand, Sri Shailendra Kumar, the learned APP for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) each with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Sitamarhi Cyber P.S. Case No. 37 of 2024, subject to the
Patna High Court CR. MISC. No.51464 of 2024(3) dt.17-09-2024 3/3 following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioners and if it is found that they are involved in any other case of similar nature except the present one, their bail bonds shall not be accepted. The criminal antecedent must be verified from all the police station situated in the district of Sitamarhi.
(iii) After release, the petitioners shall remain present physically on each and every date before the court below. In case of failure on two consecutive dates, unless they are prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioners.
(Nawneet Kumar Pandey, J) kundan/- U T