Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82297 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- Shahpur P.S. District- Nawada ====================================================== Amit Kumar Son of Subodh Singh Resident of Village- Rebra, P.S.- Kashichak (O.P. Shahpur), Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 61(B) of the Bharatiya Nyay Sanhita (BNS), 2023 and Sections 66(B), 66(C), and 66(D) of the Information Technology Act.

3. The case of the prosecution is that from the possession of this petitioner one VIVO T2 Pro 5G mobile having IMEI numbers 869916061024250/ 869916061024243 with two Sim and two pages of customer data sheet was recovered on which different names and mobile number were written. On being asked, the petitioner disclosed that they are indulged in cyber fraud.

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.82297 of 2024(3) dt.30-01-2025 2/2 falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that the recovered mobile and Sim belongs to the petitioner and for which, he has filed the receipt of the mobile. It is next submitted that there is no complaint regarding cheating or fraud by anyone. It is further submitted that the petitioner is languishing in judicial custody since 04.09.2024.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shahpur P.S. Case No. 80 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Nawada.

(Ashok Kumar Pandey, J) Sudhanshu/- U T