Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69886 of 2022 Arising Out of PS. Case No.-579 Year-2021 Thana- BEUR District- Patna ====================================================== Raushan Kumar Son Of Rajeshwar Prasad R/O Mohalla- Gardanibag, Road No.1, Kahar Toli, P.S.- Gardanibag, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Masoom Alam For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 406, 419, 420, 414, 468, 120B of the Indian Penal Code and Section 66(D) of the I.T. Act.

The allegation against the petitioner and others is of cheating and withdrawal of money on the basis of Cyber crime likewise Phone Pay, Google pay and other Apps, they used to transfer money in their accounts from the account of different persons in the name of providing them loan.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is no specific overt act against the petitioner in respect of alleged

Patna High Court CR. MISC. No.69886 of 2022(3) dt.21-08-2023 2/2 incident. No evidence as against the petitioner regarding reansaction of money through his bank account. No incriminating article has recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 17.01.2023 passed in Cr. Misc. No. 50622 of 2022. He is languishing in judicial custody since 4.01.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Patna in connection with Beur P.S. Case No. 579 of 2021.

(Sunil Kumar Panwar, J) sushma/- U