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Patna High CourtCR. MISC./84834/2023allowed

Jitendra Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84834 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- Cyber P.S. District- Nawada ====================================================== Jitendra Kumar Son of Raghunandan Prasad Resident of Village - Maheshdih, Police Station - Nemdarganj, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Cyber P.S. Case No.45 of 2023, registered for the offences punishable under Sections 409, 420, 467, 468, 120(B) of the Indian Penal Code and under Sections 66, 66(B), 66(C), 66(D) of the Information Technology Act.

3. As per the prosecution case, the petitioner alongwith the co-accused Aman Kumar picked Aadhar cards, photos and thumb impression through scanner machine and assured the informant and others that they will get their Shram Card in two months, however, those documents have been used in opening the accounts in India Post Payment Bank and allegation is made that illegal transactions are being done through the said accounts.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.84834 of 2023(3) dt.24-01-2024 2/2 He further submits that finger print scanner recovered from the petitioner is of Viduatma Devi who is Manager of Pachara Branch Post Office and the same was provided by her to open the bank accounts and accordingly the bank accounts were opened on the instructions of the informant and other persons and no misuse of the accounts were done by the petitioner. He also submits that petitioner has no criminal antecedent and he is in custody since 18.09.2023. Learned counsel submits that co-accused namely Satyendra Kumar who is husband of Viduatma Devi has already been granted bail by the learned Court below.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Cyber P.S. Case No.45 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T