Ankush Raj @ Aditya Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62706 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- Cyber P.S. District- Nawada ====================================================== Ankush Raj @ Aditya Raj Son of Ram Sagar Singh Resident of Village - Kumbhi, P.S. Warisaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.

Mr.Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Nawada Cybre P.S. Case No. 33 of 2024 registered for the offence punishable under Sections-379, 419, 420, 465, 468, 471 of the Indian Penal Code and Sections-66, 66(B), 66©,66(D) of the Information and Technology Act.

3. As per prosecution case, on the basis of direction given vide letter No. 586/NCRP dated 06-06-2024 issued by the Police Head Quarter, Bihar, Mobile No. 9241951613 was put on surveillance. Thereafter, the informant and other officials reached at the place of occurrence where seeing the police vehicle, out of the persons assembled there, four persons tried to

Patna High Court CR. MISC. No.62706 of 2024(2) dt.09-09-2024 2/3 flee away but three persons were apprehended while one successfully fled away. The petitioner along with one Nishant is alleged to have been implicated in distributing the money obtained by cyber cheating.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. It is further submitted that on the basis of disclosure made by co-accused persons, the house of the petitioner was allegedly raided where the petitioner was found present and allegedly, from his house, several mobile phones, without having sim card or with sim, one closed tab, 190 currency notes of 500/- denomination, a car alongwith its key, etc. were recovered. It has further been submitted that the police has not collected any material to show that the so-called seized articles shown to have been recovered from the house of the petitioner was used for cheating any person or was used for any illegal purpose. The petitioner is also an income tax assessee.

It has also been submitted that the entire first information report has been lodged on the basis of suspicion because certain phones were put on surveillance and on that basis, the first information report was lodged.

Patna High Court CR. MISC. No.62706 of 2024(2) dt.09-09-2024 3/3 cheating was allegedly found is out and out a false allegation. The case of the petitioner is on better footing to that of coaccused person, namely, Deepak Kumar who has been granted bail by this court vide order dated 03-09-2024 passed in Cr. Misc. No. 59925 of 2024. The petitioner is in custody since 1406-2024.

5. Learned APP has opposed the prayer for bail and submitted that the petitioner is said to have been involved in cyber cheating.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 Judicial Magistrate-Ist Class, Nawada in connection with Nawada Cybre P.S. Case No. 33 of 2024 with condition that the petitioner shall cooperated with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T