Satendra Kumar @ Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61419 of 2024 Arising Out of PS. Case No.-1382 Year-2023 Thana- NAWADA District- Nawada ====================================================== Satendra Kumar @ Satyendra Kumar, Male, aged about 29 years, Son of Bhikhari Singh R/O Vill.- Bhandajor, P.S.- Roh, Dist.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Nawada (Town) P.S. Case No. 1382 of 2023 instituted for the offences punishable under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Section 66(b)(c)(d) of the I.T. Act.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 27.02.2024 by this Court and the petitioner has preferred SLP (Criminal) Diary No. 14248 of 2024 before the Hon'ble Supreme Court, which was dismissed as withdrawn with leaving it open for the petitioner to avail such remedy as may be available under the Law.
Patna High Court CR. MISC. No.61419 of 2024(4) dt.10-01-2025 2/3
4. As per the prosecution case, the petitioner along with other four named accused persons were involved in criminal act of cyber crime.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It is submitted by learned counsel for the petitioner that neither petitioner is the owner of the car nor any paper recovered in his name rather only two mobile phones, sim cards and cash of Rs. 25,000/- has been recovered from his pocket which belongs to the petitioner. He was the driver of the alleged vehicle, the police falsely roped in this case due to dirty politics. Petitioner is in jail custody since 31.07.2023.
6. Learned APP opposes the prayer for bail.
7. From perusal of the FIR, report of the trial Court and also the impugned order of the learned Additional District & Sessions Judge-III, Nawada dated 07.10.2023, it appears that allegation against this petitioner is theft of two mobiles, sim cards and Rs. 25,000/- which belongs to the petitioner. Learned trial Court is directed to conclude the trial preferably within a period of one year from the date of receipt of this order. On perusal of the entire case diary it appears that the matter of the
Patna High Court CR. MISC. No.61419 of 2024(4) dt.10-01-2025 3/3 petitioner is pending for disposal under Section 239 of the Cr.P.C. for discharge from the case. From the entire order sheet which was produced on behalf of the petitioner on the dates 15.06.2024, 25.06.2024 and 14.11.2024, it is mentioned that the petitioner, Satyendra Kumar was produced before the Court by virtual mode and the case is fixed. Petitioner is in jail custody since 31.07.2023 for about one year six months. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned Judicial Magistrate-Ist class, Nawada in connection with Nawada (Town) P.S. Case No. 1382 of 2023, subject to the condition that the petitioner shall be physically present before the trial Court till conclusion of the trial.
(Ramesh Chand Malviya, J) annpurna/- U T