Patna High CourtCR. MISC./68484/2023allowed

Suraj Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68484 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- Cyber P.S. District- Araria ====================================================== SURAJ KUMAR S/O BHOLA PRASAD R/O VILLAGE- BHAGAN BIGHA, WARD NO. 13, P.S- BHAGAN BIGHA (O.P), DISTT.- NALANDA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr.Vijay Anand For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 418, 420, 411 of the Indian Penal Code and Sections 66(C), 66(D) of the I.T. Act.

3. As per prosecution case, the informant was cheated total Rs. 6,08,885/- fraudulently by depositing the same in the account number of the petitioner as well as co-accused persons. Out of total cheated amount, 60,000/- Rs was transferred in the account of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He is not

Patna High Court CR. MISC. No.68484 of 2023(4) dt.01-12-2023 2/2 named in the FIR. During investigation, this fact came into light that Rs 60,000/- was transferred in the account of this petitioner out of total cheated amount. By way of supplementary affidavit, the receipt of payment is brought on record which shows that the petitioner has already deposited the amount of Rs. 60,000/- in the account of informant Nilam pandey on 8.11.2023. Moreover, the petitioner is languishing in judicial custody since 19.8.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Cyber Crime P.S. Case No. 19 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 Chief Judicial Magistrate, Araria.

(Sunil Kumar Panwar, J) Amandeep/- U T