Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54424 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- Cyber P.S. District- Muzaffarpur ====================================================== Shivam Kumar Son Of Ajay Singh Resident Of Village - Senuriya, Police Station -Majhauliya, District - West Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the State :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 419, 420, 120B of the Indian Penal Code and Sections 66(C), 66(D) of the I.T. Act, registered in connection with Cyber P.S. Case No. 35 of 2024.

3. As per prosecution case, on receiving secret information that some persons are making plan for committing cyber offence. On that information, raid was conducted at the

Patna High Court CR. MISC. No.54424 of 2024(2) dt.12-08-2024 2/3 house of co-accused Navin Kumar from where petitioner was also apprehended and on search, two ATM Cards and two mobiles were recovered from the possession of the petitioner.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. There is no complaint/FIR registered against the petitioner, disclosing the fact that he was anyhow indulged in cheating or defrauding any person. On the basis of suspicion, he has been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 24.07.2024 passed in Cr. Misc. No. 50662 of 2024. Petitioner is a person of clean antecedent and he is in custody since 09.04.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner having clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sub-

Patna High Court CR. MISC. No.54424 of 2024(2) dt.12-08-2024 3/3 Divisional Judicial Magistrate(west), Muzaffarpur in connection with Cyber P.S. Case No. 35 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T