Arvind Kumar Pandey @ Pappu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56199 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- Cyber P.S. District- Buxar ====================================================== Arvind Kumar Pandey @ Pappu Pandey Son of Late Ramji Pandey Resident Of Village - Yogia, P.S. - Bikramganj, P.O. - Kajhai, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary called for in Cr. Misc. No. 54073 of 2024.

2. The petitioner seeks bail in connection with Buxar (Cyber) P.S. Case No. 11 of 2024 instituted for the offences under Sections 406, 420 of the Indian Penal Code and Section 66(C), 66(D) of the I.T. Act.

3. As per prosecution case, on the day of occurrence, one Amit Kumar came at the shop of the Informant and asked for his QR Code so that he can pay the Informant. Thereafter, Rs. 50,000/- was transferred to the Bank account of the Informant and, in return, he gave Rs. 49,500/- to Amit Kumar after curtailing his commission. It is alleged that the amount

Patna High Court CR. MISC. No.56199 of 2024(3) dt.04-10-2024 2/3 transferred to the account of the Informant is by way of Cyber fraud.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has transpired in this case in course of investigation on the basis of the confessional statement of co-accused Amit Kumar Gupta. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. Except confessional statement, there is nothing against the petitioner. The petitioner has also not put on T.I. Parade uptill now. Charge-sheet has been submitted in this case by the Investigating Officer on 25.04.2024 under Sections 406, 420 of the I.P.C. and Sections 66(C), 66(D) of the I.T. Act. The petitioner has three criminal antecedent and, in all of them, he is on bail and has been remanded in this case to judicial custody on 03.05.2024 from Bikramganj P.S. Case No. 100 of 2024 and, since then, he is languishing in judicial custody without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Vivek Kumar @ Sikku Patel has

Patna High Court CR. MISC. No.56199 of 2024(3) dt.04-10-2024 3/3 been granted bail by this Court vide order dated 20.09.2024 passed in Cr. Misc. No. 60009 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature and, hence, he does not deserve bail by this Court.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, 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 connection with Buxar (Cyber) P.S. Case No. 11 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T