Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51157 of 2024 Arising Out of PS. Case No.-566 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Mukesh Kumar Son Of Krishna Mahto R/V- Sonbarsa, P.S.- Warisaliganj, Distt.- 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. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 566 of 2023 instituted for the offences under Sections 420, 467, 468, 471, 120(B), 34 of the Indian Penal Code and Section 66(b) and 66(d) of the I.T. Act. 3.

As per prosecution case, on getting information that some persons involved in cyber crime were trying to cheat the innocent persons in the name of advancing loan, the Informant along with other police personnel reached at the

Patna High Court CR. MISC. No.51157 of 2024(2) dt.19-07-2024 2/3 village Sonbarsa. On seeing the police-party, some persons started fleeing away but, on chase, seven of them were caught. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner was not arrested on the spot. Name of the petitioner has sprung in this case on the disclosure made by apprehended co-accused persons and local chaukidar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 11.05.2024. Other co-accused has been granted bail by this Court vide order dated 19-02-2024, passed in Cr. Misc. No. 8466 of 2024.

5.

Per contra, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner and considering the claim of parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in

Patna High Court CR. MISC. No.51157 of 2024(2) dt.19-07-2024 3/3 connection with Warisaliganj P.S. Case No. 566 of 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T