Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65399 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Rocky Kumar S/O Sanjay Singh R/O Village- Malgodam, P.S And Distt.- Nawada. Permanent Address Village- Kamarapar, P.S- Athmalgola, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 417, 418, 419, 420, 465, 466, 467, 468, 472, 120(B) of the Indian Penal Code and Sections 66, 66(B), 66(C), 66(D) of the I.T. Act.

3. As per prosecution case, the petitioner along with other accused persons are alleged to have been indulged in making forgery and used to dupe the innocent people by way of inducement of having false assurance of providing loan using mobile phones. Some accused persons have been arrested by police who disclosed the name of the petitioner as their associate.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65399 of 2023(2) dt.17-10-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of disclosure made by co-accused Raushan, Kundan & Nivash who were apprehended on spot. Neither the petitioner was arrested on spot nor any incriminating material has been recovered from his conscious possession. He has no concern with the co-accused persons or alleged seized material. It is further submitted that the petitioner is languishing in judicial custody since 29.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Cyber P.S. Case No. 11 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T