Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83819 of 2023 Arising Out of PS. Case No.-288 Year-2023 Thana- BEUR District- Patna ====================================================== 1.

Chandan Kumar R/O - Mir Bigha, P.S. - Barsaliganj, Dist - Nawada 2.

Gopal Prasad S/O Vijali Mistri R/O - Mir Bigha, P.S. - Barsaliganj, Dist - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Ranjan Kumar For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Beur P.S. Case No. 288 of 2023, registered for the offences punishable under Sections 406, 419, 420, 414, 467, 468, 471, 474, 120B/34 of the Indian Penal Code read with Section 66(D) of the I.T. Act.

3. As per allegation, the co-accused persons who had been apprehended in this matter at an ATM having Rs. 20,000 cash and dubious ATM cards in bulk of different branches. The apprehended persons disclosed the name of the accused petitioners as an active members of their gang who were

Patna High Court CR. MISC. No.83819 of 2023(3) dt.07-03-2024 2/3 involved in the activities of cyber-crime.

4. The learned counsel for the petitioners has submitted that petitioner no. 1 is a person of clean antecedent and has falsely been implicated in this case.

5. On the other hand, learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner no. 1, in the event of his arrest or surrender be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Beur P.S. Case No. 288 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

7. The learned court below shall verify the criminal antecedents of petitioner no. 1 not only from the concerned police station but also from the Superintendent of Police, Patna. The Superintendent of Police, Patna shall furnish the criminal antecedent of the petitioner no. 1. Only after verifying the records of the police stations of Patna with respect to criminal antecedents, the bail bond of the petitioner no. 1 shall be accepted.

Patna High Court CR. MISC. No.83819 of 2023(3) dt.07-03-2024 3/3

8. So far as petitioner no. 2 is concerned, looking at the facts and circumstances of the case as well as he has a criminal antecedent, I don't think it to a fit case for anticipatory bail. Accordingly, the bail petition in respect of petitioner no. 2 is hereby rejected.

(Nawneet Kumar Pandey, J) Sudha/- U T