Patna High CourtCR. MISC./55496/2024bail granted

Vivek Kumar v. The State Of Bihar

2024-08-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55496 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- Cyber P.S. District- Sitamarhi ====================================================== Vivek Kumar SON OF VINOD PRASAD VILLAGE- SISBA BASANTPUR, WARD NO. 2, PS- CHAUTARWA, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghvendra Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is 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, some unknown persons 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 petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered

Patna High Court CR. MISC. No.55496 of 2024(3) dt.23-08-2024 2/2 from his possession. He has also submitted that the name of the petitioner has come in the FIR only for confessional statement of co-accused Amandeep Raj. He has next submitted that on exactly similar footing, co-accused Roshan Kumar has been granted bail by this Bench in Cr. Misc. No. 52390 of 2024. The petitioner is a person of clean antecedent and is under custody since 26.04.2024.

5. On the other hand, 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) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Sitamarahi Cyber P.S. Case No. 37 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T