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Patna High CourtCR. MISC./68667/2023allowed

Ankit Raj Gupta @ Ankit Kumar Gupta v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68667 of 2023 Arising Out of PS. Case No.-332 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== ANKIT RAJ GUPTA @ ANKIT KUMAR GUPTA Son of Ranjeet Prasad R/o vill - Mirchaiganj, P.s. - Giriyak (Katrisarai), Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 419, 420, 467, 468, 471, 379, 120(B), 34 of the Indian Penal Code and Sections 66(C)(D) of the I.T. Act, section 25 (C) of the Indian Telegraph Act and section 30 of the Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, the police on secret information along with the police force raided the house of the petitioner from where, 6.75 liters foreign liquor, laptops and mobiles were recovered. The allegation is that the petitioner along with co-accused were involved in Cyber crime.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.68667 of 2023(3) dt.28-11-2023 2/2 falsely been implicated in this case on the basis of suspicion. It is further submitted that the petitioner has no concern with liquor whereas other seized articles belong to him. There is no evidence came regarding these seized article were used in any forgery or cyber crime. The petitioner has got no criminal antecedent and languishing in judicial custody since 1.7.2023. similarly situated other accused persons have already been enlarged on bail vide order dt. 22.11.2023 passed in Cr. Misc. No. 72868 of 2023.

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

6. HConsidering the facts and circumstances of the case as well as custody 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 Giriyak (Katrisarai) P.S. Case No. 332 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 Addl. District JudgeVth-cum-Exlusive Spl Court No.1, Nalanda at Biharsharif. (Sunil Kumar Panwar, J) Amandeep/- U T