Patna High CourtCR. MISC./61403/2024bail granted

Satyam Kumar v. The State Of Bihar

2024-09-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61403 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- Cyber P.S. District- Sheikhpura ====================================================== Satyam Kumar Son of Kamlesh Choudhary Resident of Village - Pain, P.S and District - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sheikhpura Cyber P.S. Case No. 22 of 2024 instituted for the offences under Sections 419, 420 and 468 of the Indian Penal Code and Section 66c and 66d of the I.T. Act, 2008.

3. As per prosecution case, the accusation against the petitioner is of being actively involved in cyber crime along with other members of the gang.

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. Two mobile phones have been recovered from the possession of the petitioner. He further submits that whatever has been recovered either from the possession of the petitioner or from

Patna High Court CR. MISC. No.61403 of 2024(2) dt.04-09-2024 2/2 his house were his/family belongings. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.06.2024 without any rhymes or reason.

5. 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 petitioner is active member of the gang involved in cyber crime.

6. 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 and the petitioner having no criminal antecedent, 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 Sheikhpura Cyber P.S. Case No. 22 of 2024.

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