Ramashish Kumar @ Ramashish Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52069 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- Cyber P.S. District- Nawada ====================================================== Ramashish Kumar @ Ramashish Prasad Son of Mithilesh Prasad @ Mithalesh Mahato Resident of Vill- Masuda, P.S.- Warisaliganj, DistrictNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jai Narain Thakur, 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 Cyber P.S. case No. 15 of 2024 instituted for the offences under Sections 414, 419, 420, 467, 468, 471 of the Indian Penal Code and Section 66(C) (D) of the IT Act.

3. Prosecution story, in short, is that police on the basis of secret information that some miscreants are involved in cheating the innocent people in the name of providing loan to them. Police on the basis of this information conducted raid and apprehended four persons including the petitioner whereas other twenty co-accused managed to flee away. On search, many mobile phones, SIM cards and data of the mobile phones were

Patna High Court CR. MISC. No.52069 of 2024(2) dt.19-07-2024 2/3 seized by the police.

4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner and nor any incriminating article has been recovered from the conscious possession of the petitioner. The co-accused persons have already been granted bail by this Bench vide order dated 30.04.2024 passed in Cr. Misc. No. 29254 of 2024. He further submitted that the seizure list has not been prepared in accordance with law. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.02.2024 and has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.52069 of 2024(2) dt.19-07-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Cyber P.S. case No. 15 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T