Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76580 of 2023 Arising Out of PS. Case No.-29 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Kamlesh Kumar S/O Avinash Prasad Village- Panchi, Ps. Shekhopur Sarai, Dist. Sheikhpura, At Present R/O Village- Jalalpur, Ps. Warisaliganj, Dist. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Biresh Kumar Sinha For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Sekhopur Sarai P.S. Case No. 29 of 2021 dated 26.02.2021 registered for the offence punishable u/s 406, 420, 467, 468, 471 and 120B of the Indian Penal Code.

4. As per the prosecution case, on seeing police, about 20-25 miscreants fled away but one miscreant was apprehended who disclosed the name as Swatnil Santosh Prasad. On search, three mobile phones, three ATM cards and other incriminating articles were recovered. Further, he disclosed the name of the petitioner and other co-accused persons who were engaged in

Patna High Court CR. MISC. No.76580 of 2023(2) dt.20-12-2023 2/2 cyber crime.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The other co-accused persons have already been granted bail by the Co-ordinate Bench vide order dated 28.07.2023 passed in Cr. Misc. No. 31072 of 2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sheikhpura in connection with Sekhopur Sarai P.S. Case No. 29 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T