Piyush Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69865 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- Cyber P.S. District- Gopalganj ====================================================== Piyush Kumar Singh, Son Of Brajesh Kumar Singh, Resident Of VillageSiarua, Ps- Sidhwalia, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Gopalganj Cyber P.S. Case No. 11 of 2023 registered for the alleged offences under Sections 420 and 406 of the Indian Penal Code and Sections 66 (C), 66(D) of the I.T. Act.

3. As per prosecution case, the account of the petrol pump of the informant was put on hold at the request of Gujarat Police since an amount of Rs. 22,000/- allegedly cheated by the petitioner from a person, namely, Muthu Krishnan was transferred into the account of the informant. This transfer took place since informant used to deposit money from the proceeds of sale to some C.S.P. who also

2/4 used to deal with money of other persons and the CSP used to transfer the equivalent amount of money to the account to the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is apparent that it was the manager of the C.S.P., who might be at fault and he named the petitioner in order to save his skin. There is no allegation that any amount has been credited in the bank account of the petitioner from the account of the informant. Learned counsel further submits that allegedly Rs. 22,000/- was cheated by the petitioner from one Muthu Krishnan and the said amount has been returned to the account of Muthu Krishnan and he has withdrawn his complaint case. Learned counsel further submits that except for the allegation of cheating of Rs. 22,000/-, there is no allegation against the petitioner.

Moreover, 12 persons have been named for their involvment in this dubious transaction but the petitioner is not amongst of those 12 persons. Petitioner has got no criminal antecedent. Though it has been alleged that petitioner is involved in some other case like Panducherry Cuber Crime Police Station but he has no knowledge about the said case.

3/4 The petitioner is in custody since 03.08.2023 and chargesheet has been submitted.

5. Learned APP opposes the prayer for bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the remoteness of allegation and lack of substantive material against the petitioner to connect him with the offences as alleged and further considering the period of custody of the petitioner and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/concerned court in connection with Gopalganj Cyber P.S. Case No. 11 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive

4/4 dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T