Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63284 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- Cyber P.S. District- Rohtas ====================================================== Niraj Kumar S/o- Sri Tanik Singh @ Tanik Singh Village- Malikpur PsNemdarganj Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rohtas (Cyber) P.S. Case No. 14 of 2023 dated 11.07.2023 registered for the offences punishable u/ss 379, 419 and 420 of the Indian Penal Code and 66C, 66D of the I.T. Act.

3. As per the prosecution case, unknown miscreant who is the holder of mobile no. 7319754883, is alleged to have withdrawn Rs. 10,000/- fraudulently from the ATM machine, while the informant was trying to withdraw the same.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.63284 of 2024(3) dt.15-02-2025 2/3 this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up on mere suspicion. The petitioner is not the holder of the said mobile no. 7319754883. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Rohtas (Cyber) P.S. Case No. 14 of 2023, with the following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to

Patna High Court CR. MISC. No.63284 of 2024(3) dt.15-02-2025 3/3 move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T