Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 80114 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- Cyber P.S. District- Bhagalpur ====================================================== ASHUTOSH KUMAR S/o Bishundeo Mandal Resident of Near Bijli Gird Naugachia, P.S.- Naugachia, District- Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel appearing on behalf of the parties.
2 The petitioner seeks bail in connection with Cyber (Naugachia) PS Case No 10 of 2023 registered for the offence punishable under Sections 419, 420, 120B of the Indian Penal Code and Sections 66 (C), (D) of Information Technology Act against the three accused including the petitioner. 3 Perusal of the case diary and other documents relating to bank transaction show several transactions made in the bank account of petitioner and his wife in different branches with other accused Sanjay Ghosh. Perusal of the seizure list shows that mobile phone is also recovered from the possession of the petitioner.
Patna High Court CR. MISC. No.80114 of 2023(3) dt.29-02-2024 2/2 4 In these circumstances, prima facie involvement of cyber offence against the petitioner is made out. So, I am not inclined to grant bail to the petitioner at this stage. Accordingly, this bail petition is rejected.
5 However, learned trial Court is directed to conclude the trial within six months of receiving a copy of this order. 6 If the trial is not concluded within the aforesaid period of six months, the petitioner may renew the prayer for bail before the trial Court and the trial Court shall grant bail to the petitioner.
(Ramesh Chand Malviya, J) M.E.H./- U T