Parbhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82848 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- Cyber P.S. District- Nalanda ====================================================== Parbhat Kumar, Son of Brahamdev Paswan, R/O Village- Rasanpur, P.S.- Warisaliganj, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner and Mr. Rajendra Singh Shastri, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 319, 318, 336(3), 338, 339, 344, 351 and 61 of the Bharatiya Nyaya Sanhita and Sections 66(B), 66(C) and 66(D) of the Information Technology Act.

3. The case of the prosecution is that one Saurabh Kumar has told the informant to open ten accounts in lieu of that he was to be given Rs.30,000/-. He was also said that he will not face any problem. After this he gave the number of his friend who is Karan. After this he got the Aadhar and address changed and then ten accounts were opened out of which eight were opened online. When the family members came to know, the

Patna High Court CR. MISC. No.82848 of 2024(3) dt.10-02-2025 2/3 informant told Saurabh to close the account and Saurabh started demanding money. When the informant told Saurabh that he will complain then Saurabh started threatening the informant.

4. Learned counsel for the petitioner has submitted that from perusal of the FIR it is clear that the name of this petitioner is not there in the FIR. His name has surfaced during course of investigation. From perusal of para-19 of the case diary it is clear that from possession of this petitioner as many as 41 articles were recovered from his pocket. Learned counsel further submits that this much of recovery is not possible from one pocket of any person. One house of a Doctor was also raided where this petitioner is said to be tenant and from that house certain documents were recovered. Learned counsel submits that from entire investigation it cannot be substantiated that the any money was transferred to the account of this petitioner.

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 as well as the fact that learned counsel for the State has supported the submission of learned counsel for the petitioner that no money

Patna High Court CR. MISC. No.82848 of 2024(3) dt.10-02-2025 3/3 was transferred to the account of this petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nalanda Cyber P.S. Case No. 78 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 Chief Judicial Magistrate, Nalanda.

7. Accordingly, the present bail application stands allowed.

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