Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80416 of 2025 Arising Out of PS. Case No.-26 Year-2023 Thana- Cyber P.S. District- Sitamarhi ====================================================== Ramesh Kumar Son of Late Lalbabu Mahto Resident Of Village- Laxmipur Madhesar, Ps- Sonbarsa, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi Cyber P.S. Case No. 26 of 2023, instituted for the offences under Sections 406, 420, 379 of the Indian Penal Code and Section 66(D) of the I.T. Act.

3. Prosecution case, in short, is that informant has saving account in the Punjab National Bank, Dumri Kala, Branch Sitamarhi and Rs. 43,503/- was transferred by Saksham Village Bank. On 03.10.2023, when she sent to withdraw some money and check the balance, she come to know that on 01.10.2023, Rs. 10,000/- and Rs. 9,000/-, respectively, was withdrawn. On 04.10.2023, the bank manager gave her a bank statement and informed her that in total Rs. 19,000/- has been

Patna High Court CR. MISC. No.80416 of 2025(2) dt.02-12-2025 2/3 withdrawn illegally from the account of informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case only on the basis of suspicion. Petitioner is not named in the F.I.R. The petitioner has been arrested in connection with Cyber P.S. Case No. 33 of 2024 in which during the course of interrogation, he has confessed his involvement in the present case. The confession before the Police has no evidentiary value. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date to ascertain the involvement of the petitioner in the alleged offence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.09.2024 and has two criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.80416 of 2025(2) dt.02-12-2025 3/3 below/concerned Court in connection with Sitamarhi Cyber P.S. Case No. 26 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T