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Patna High CourtCR. MISC./71037/2024allowed

Gulshan Kumar v. The State Of Bihar

2025-03-27Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71037 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Gulshan Kumar S/o Shreekant Singh @ Shrikant Kumar R/o Vill - Chakbai, P.S. - Warsaliganj, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-03-2025 Heard Ms. Vaishnavi Singh, learned counsel for the petitioner and Mr. Ram Sumiran Rai, learned APP for the State.

2. The petitioner has prayed for bail in connection with Warsliganj P.S. Case No. 264 of 2023 registered for the offence punishable under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code and Sections 66B, 66C and 66D of the I.T. Act.

3. The case of the prosecution is that the police had information that the petitioner is indulge in cyber crime. On this information, his house was searched and from his house, altogether cash of Rs. five lakhs and all certain ATM cards and mobile was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It is also submitted that the father of the petitioner is income tax payee and

Patna High Court CR. MISC. No.71037 of 2024(4) dt.27-03-2025 2/2 he has annexed his ITR forms starting from the year 2021 to 2024, which goes to show that each year ITR has been filed. Regarding ATM Card, it has been submitted that all the ATM Cards belongs to the petitioner and his family members. It is also submitted that from perusal of the seizure list, it transpires that it does not bears signature of any member of the family. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Petitioners are languishing in judicial custody since 23.07.2024.

5. The application for bail is opposed by learned APP for the State.

6. 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 Judicial Magistrate 1st Class, Nawada in connection with Warsliganj P.S. Case No. 264 of 2023 (Ashok Kumar Pandey, J) Sudhanshu/- U T