Kanhaiya Kumar @ Kanhaiya Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63603 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- Kusumbha District- Sheikhpura ====================================================== 1.

Kanhaiya Kumar @ Kanhaiya Lal Son of Surendra Prasad Resident of Village- Jainbigha, PS- Kusumbha, District- Sheikhpura 2.

Balmiki Kumar @ Balmik Kumar Son of Banaras Mahto Resident of Village- Jainbigha, PS- Kusumbha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Kusumbha P.S. Case No. 05 of 2024, instituted for the offences punishable under Sections 467, 468, 469, 471, 420 and 120(B) of the Indian Penal Code.

3.

The prosecution case, in short, is that, the petitioners are involved in the cyber crime along with other coaccused persons. It is further alleged that they have cheated several persons in the name of sanctioning loan and in many other ways.

Patna High Court CR. MISC. No.63603 of 2024(2) dt.30-08-2024 2/3 4.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The allegation levelled against the petitioners is general and omnibus in nature. Petitioner No. 1 bears one criminal antecedent while petitioner No.2 claims clean antecedent. Other co-accused have been granted bail by this Court vide orders dated 19-06-2024, 19-062024, 28-06-2024 & 28-06-2024, passed in Cr. Misc. No. 41871 of 2024, Cr. Misc. No. 41942 of 2024, Cr. Misc. No. 38531 of 2024 & Cr. Misc. No. 37687 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.63603 of 2024(2) dt.30-08-2024 3/3 the case is pending/successor court in connection with Kusumbha P.S. Case No. 05 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Kishore/- U T