Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63574 of 2022 Arising Out of PS. Case No.-387 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Prakash Kumar Son Of Amar Deo Choudhary Resident Of Village- Shri Krishna Nagar, Near R.L.S.Y. College, Bettiah, P.S.- Muffasil Bettiah, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Majhaulia P.S. Case No. 387 of 2022 registered under sections 399, 400, 401, 402, 403, 411, 413, 414, 419, 420, 467, 468, 471, 472, 379, 120(B) of the Indian Penal Code and Sections 66 and 66(C) of the I.T. Act. Prosecution case in short is that on the basis of secret information about the cyber criminals for the purpose of committing crime on the Scorpio vehicle, on this information police reached there and somehow apprehended two accused persons from there, thereafter they disclosed their names as Prakash Kumar(petitioner) and Brij Kishore, and from their possession some ATM cards and some documents were recovered. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.63574 of 2022(2) dt.17-02-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on suspicion. Nothing cogent material has come against the petitioner. It is further submitted that he has no concern with the alleged scorpio vehicle, only on the basis of suspicion that he is one of the member of committing cyber crime, police caught him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 30.05.2022.
The application for bail is vehemently opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Majhaulia P.S. Case No. 387 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, District- West Champaran. (Sunil Kumar Panwar, J) shubham/- U T